Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:16403 WP No. 9888 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9888 OF 2025 (KLR-CON)
BETWEEN:
SMT. PARVATHAMMA W/O JAGADHISH AGED ABOUT 51 YEARS AGRICULTURIST RESIDENT OF BASAVAPATTANA SOMALAPURA POST NITTURU HOBLI GUBBI TALUK TUMKUR DISTRICT-572 222. …PETITIONER
(BY SRI. A.V.GANGADHARAPPA, ADVOCATE)
AND:
1.
DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMAKUR-572101.
2.
ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION TUMAKUR-572101.
3. TAHSILDAR GUBBI TALUK, GUBBI TUMKUR DISTRICT-572216.
4.
ASSISTANT DIRECTOR OF TOWN AND COUNTRY PLANNING OFFICE OF THE DEPUTY COMMISSIONER
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:16403 WP No. 9888 of 2025
TUMKUR DISTRICT TUMAKUR-572101. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ENDORSEMENT
ORDER DATED NIL ISSUED BY 1ST RESPONDENT ON THE APPLICATIONS SUBMITTED BY THE PETITIONER BEARING APPLICATION NO.709545 DATED 14/10/2024 IN RESPECT OF SY. NO.4/14 AND APPLICATION NO.709546 DATED 14/10/2024 IN RESPECT OF SY. NO.4/13 COMPUTER GENERATED PRINTOUT OF WHICH ARE PRODUCED AS ANNEXURES-A AND B, ENDORSEMENT ORDER DATED NIL ISSUED BY 1ST RESPONDENT DATED NIL ON THE APPLICATIONS SUBMITTED BY THE PETITIONER BEARING APPLICATION NO.734329 DATED 17/12/2024 IN RESPECT OF SY. NO.4/13, APPLICATION NO.734330 DATED 17/12/2024 IN RESPECT OF SY. NO.4/14 COMPUTER GENERATED PRINTOUT OF WHICH ARE PRODUCED AS ANNEXURES - C AND D RESPECTIVELY AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The petitioner is aggrieved by the rejection of his request permitting him to use the agricultural land measuring 1 gunta each in Sy.Nos.4/14 and 4/13 for residential purpose by the Deputy Commissioner.
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NC: 2025:KHC:16403 WP No. 9888 of 2025
2. The Deputy Commissioner in the impugned order merely states that because of the report of the Tahsildar and the Assistant commissioner, he was rejecting the application of the petitioner. In other words, the Deputy Commissioner has not assigned any reasons for refusal to accord permission to use the agricultural land to residential purpose. The endorsements at Annexures-A and B cannot therefore be sustained and they are accordingly quashed.
3. The Deputy Commissioner is directed to consider the application of the petitioner afresh and pass an appropriate reasoned order within a period of one month from the date of receipt of a copy of this
order.
4. The writ petition is accordingly allowed.
Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 126