- 1 - HC-KAR NC: 2025:KHC:19941 WP NO.16522 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16522 OF 2025 (KLR-RES) BETWEEN: MR. K.A. JOY S/O ABRAHAM K.J., AGED ABOUT 50 YEARS, R/AT NO.2/42, HOSAGADDE HOUSE, BELTHANGADY TALUK, KAKKANJE, DAKSHINA KANNADA - 574 228. …PETITIONER (BY SRI. VENKATESH SOMAREDDI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY REVENUE DEPARTMENT, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. TAHSILDAR BELTHANGADY TALUK, BELTHANGADY. 3. GRAM PANCHAYAT, DHARMASTHALA, BELTHANGADY TALUK, DHARMASTHALA - 574 216. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 AND R2) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19941 WP NO.16522 OF 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO STRIKE DOWN/CANCEL THE CONDITION NO.3 IMPOSED IN THE GRANT CERTIFICATE DATED 03RD JUNE, 2016 BEARING NO.H.S.R.S.R 1774/14-15 VIDE ANNEXURE-A WHEREIN, IT PROHIBITS THE PETITIONER FROM USING THE SCHEDULE PROPERTY FOR ANY PURPOSE OTHER THAN THE RESIDENTIAL PURPOSE; QUASH THE ENDORSEMENT DATED 11TH NOVEMBER, 2024 ISSUED BY THE RESPONDENT NO.3- PANCHAYAT DEVELOPMENT OFFICER, DHARMASTHALA GRAM PANCHAYAT VIDE ANNEXURE-G AND CONSEQUENTLY DIRECT THE RESPONDENT NO.3-GRAM PANCHAYAT TO GRANT PERMISSION TO THE PETITIONER TO CONSTRUCT THE SHED FOR THE PURPOSE OF UNDERTAKING SELF-EMPLOYMENT OF PRODUCTION OF CEMENT BRICKS AND PRODUCTION AND SALE OF COCONUT OIL; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for respondents 1 and 2. 2. In this writ petition, the petitioner is assailing the condition No.3 imposed in the Grant Certificate/Hakku Patra Dated 03rd June, 2016 (Annexure-A) issued to the petitioner, - 3 - HC-KAR NC: 2025:KHC:19941 WP NO.16522 OF 2025 which prohibits the petitioner from using the schedule property for any other purposes other than residential use; inter alia sought for quashing the endorsement dated 11th November, 2024 (Annexure-G) issued by the respondent No.3 and endorsement dated 05th December, 2024 (Annexure-J) issued by the respondent No.2, wherein, the claim made by the petitioner was rejected by the respondent-Authorities. 3. Heard Sri. Venkatesh Somareddi, learned counsel appearing for the petitioner and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents 1 and 2. 4. It is contended by learned counsel appearing for the petitioner that the impugned endorsements produced at Annexures 'G' and 'J' issued by the respondent-Authorities are without considering the factual aspects on record and without application of mind. It is also submitted by the learned counsel appearing for the petitioner that, pursuant to the issuance of the Hakku Patra produced at Annexure-A, the petitioner is residing in the house constructed in the schedule property and he intends to begin business of manufacturing the cement - 4 - HC-KAR NC: 2025:KHC:19941 WP NO.16522 OF 2025 bricks and coconut oil in the schedule property for his livelihood, however, the respondent-Authorities have whimsically rejected the same, without application of mind. Accordingly, he sought for interference of this Court. 5. Per contra, learned Additional Government Advocate appearing for respondents 1 and 2 submitted that the schedule property has been granted to the petitioner for residential purpose and in the event, if any business is conducted in the schedule property, the same would cause nuisance to the public, so also, it will go against the object of granting land to the houseless people. Accordingly, she sought for dismissal of the petition. 6. In the light of the submission made by learned counsel appearing for the parties, it is not in dispute that the respondent No.2 had granted the land to an extent of 0.09 cents in Survey No.254/P1 of Dharmastala Village, Belthangady Taluk, Dakshina Kannada District as per the Notification dated 11th July, 2013 issued by the Government under the provisions of Karnataka Land Revenue (Amendment) Act, 2012 and Notification dated 25th June, 2014 issued by the Secretary to - 5 - HC-KAR NC: 2025:KHC:19941 WP NO.16522 OF 2025 Government, Revenue Department, Bengaluru. On careful examination of the Hakku Patra produced at Annexure-A would indicate that the schedule property has been granted to the petitioner for the purpose of residential house. The condition No.1 specified in the Hakku Patra produced at Annexure-A, specifically state that the grantees shall not alienate the site/house granted for a period of fifteen years and also condition is imposed in the Hakku Patra that the site/house shall be utilised for only residential purpose. In that view of the matter, as the object of the Government is to provide the site for construction of residential house, I am of the view that, in the event, if the condition No.3 is removed from the Hakku Patra, the same would affect the sole object/policy of the Government. Therefore, the issuance of impugned endorsements by the respondent-Authorities is just and proper. Accordingly, writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 43