This writ petition is filed seeking for quashing the

order dated 12.06.2012 passed by the second respondent

vide Annexure-H.

Brief facts leading raise to filing of this writ

petition are as under:

The petitioner claim to be the purchaser of CTS

No.3603/A and 3609/C. In pursuance of building licence

granted by respondent No.4 and as per the order passed

by the respondent No.1 granting approval to change the

land use from ‘open space’ to ‘commercial’, the petitioner

constructed the commercial complex over the sites

purchased by him. It appears that some residents filed

PIL in W.P.No.21412/2007 and this Court disposed of the

said writ petition vide order dated 12.11.2009 directing

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the respondents therein to take appropriate action for

removal of encroachment, if any, after following due

procedure. On the basis of the order passed by this Court

in PIL, the second respondent has passed the impugned

order to set aside the sub divisions effected in CTS

Nos.3603 & 3609 and further directed the ADLR to

measure the area in question to demark the open space,

public road etc. Hence, this writ petition.

Heard the learned counsel for petitioners,

learned H.C.G.P. for respondent Nos.1 to 3 and learned

counsel for respondent Nos.4 and 5.

Learned counsel for petitioners submits that the

petitioner is the purchaser of CTS No.3603/A and 3609/C.

As on the date of purchase, the sites were shown as open

space in the revised CDP and the sites were infact

residential and same ought to have been shown as

residential in the revised CDP. Therefore, the petitioner

submitted an application to respondent No.1 seeking

permission to change the land use from open space to

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commercial. Accordingly, the respondent No.1 accorded

permission to change the land use as sought for by the

petitioner. The petitioner after obtaining the building

permission, has constructed the building on the said sites.

It

appears

that

some

residents

filed

PIL

in

W.P.No.21412/2007 and this Court disposed of the said

writ petition vide order dated 12.11.2009 directing the

respondents therein to take appropriate action for removal

of encroachment, if any, after following due procedure.

The respondent No.4 without conducting any enquiry,

referred the matter to ADLR, Hubballi and to the Technical

Assistant to the office of the Deputy Commissioner and Ex-

Officio

Deputy

Director

of

Land

Records

Dharwad

recommending to cancel the sub divisions made in CTS

No.3609 and 3603. The Technical Assistant to the Deputy

Commissioner and Ex-Officio Deputy Director of Land

Records,

Dharwad

refused

the

said

proposal

for

cancellation and in turn sent the proposal of respondent

No.2 to take appropriate action. In pursuance to the said

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proposal, respondent No.2 held an enquiry and issued

notice to the parties including the petitioner. The petitionr

appeared before the respondent No.2 and filed his

objections contending that he has not encroached any

portion of the property. Further, he has constructed the

building by virtue of Government Order dated 30.03.2007.

But on the basis of the order passed by this Court in PIL,

the second respondent has passed the impugned order to

set aside the sub divisions effected in CTS Nos.3603 &

3609 and further directed the ADLR to measure the area in

question to demark the open space, public road etc. which

is contrary to law. Hence, on these grounds he prayed to

allow the writ petition.

Per contra, learned counsel for respondents

supported the impugned order and prayed to dismiss the

writ petition.

6.

Heard and perused the records and considered

the submissions of the learned counsel for parties.

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7.

It is not in dispute that the petitioner is the

purchaser of CTS No.3603/A and 3609/C and further it is

also not in dispute that the petitioner has constructed the

building after obtaining the necessary permission from the

concerned authorities. The petitioner applied for change

of the land use from residential to commercial for which,

th