- 1 - NC: 2025:KHC:1256-DB WP No. 34913 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 34913 OF 2024 (GM-RES-PIL) BETWEEN: 1. K RAMESH S/O KENCHAIAH AGED 60 YEARS AMBEDKAR NAGAR 2ND CROSS BANNERGHATTA MAIN ROAD KOLAR TALUK AND DISTGRICT PIN 563114 SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. NAGARAJAPPA A, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE MULTISTORIED BUILIDNG DR AMBEDKAR VEEDHI BANGALORE 560001. 2. THE SECRETARY DEPARTMENT OF URBAN DEVELOPMENT KARNATAKA GOVERNMENT SECRETARIAT Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1256-DB WP No. 34913 of 2024 VIKASA SOUDHA DR AMBEDKAR VEEDHI BANGALORE 560001. 3. THE DEPUTY COMMISSIONER OF REVENUE KOLAR KOALR DISTRICT 563101. 4. THE DIRECTOR FOR MUNICPAL ADMINSTRATION DR VISVESWARAIAH TOWER DR AMBEDKAR VEEDI BANGALORE 560 001. REP BY ITS COMMISSIONER 5. THE COMMISSIONER URBAN DEVELOPMENT AUTHORITY KUDA, TAMKA KOLAR TOWN KOLAR 563 101. 6. THE KOLAR TOWN AND COUNTRY PLANNING AUTHORITY REPRESENTED BY ITS DIRECTOR KOLAR KOLAR DISTRICT 563 101. 7. THE DEPUTY COMMISSIONER OF EXCISE OLD DEPUTY COMMISSIONER COMPOUND COURT COMPLEX KOLAR KOLAR DSITRICT 563 101. …RESPONDENTS (BY SMT.NILOUFER AKBAR, AGA FOR R-1 TO 5 & 7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA READ WITH 14(1) OF THE HIGH COURT KARNATAKA (PUBLIC INTEREST - 3 - NC: 2025:KHC:1256-DB WP No. 34913 of 2024 LITIGATION) RULES 2018 PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE ENDORSMENT DATED 25.07.2024 IN No. EXE/369/IML/DOORU/2023-24 ISSUED BY THE 3RD RESPONDENT - DEPUTY COMMISSIONER, KOLAR, MARKED AT ANNEXURE-M AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE M.I.ARUN) 1. The present is a public interest writ petition. The grievance of the petitioner is about the permission granted by the authorities concerned for construction of buildings in revenue / agricultural lands and that various persons are permitted to run commercial ventures in the said buildings including sale of liquor. 2. In this regard, the petitioner has given various representations to the authorities concerned to not grant such - 4 - NC: 2025:KHC:1256-DB WP No. 34913 of 2024 permissions without following the due process. However, without considering his request, an endorsement dated 25.07.2024 vide Annexure-'M' to the writ petition has been issued by the respondent No.3 in respect of permission being granted to sell liquor (CL-7 licence) and that his representations have not been properly considered. 3. The present writ petition is filed therefore with the following prayers:- "WHEREFORE, it is prayed that this Hon'ble Court be pleased to:- (i) Issue an order or direction or writ in the nature of writ of certiorari quashing the endorsement dated 25.07.2024 in No.EXE/369/IML/Dooru/2023-24 issued by the 3rd respondent - Deputy Commissioner, Kolar, marked at Annexure-M, (ii) Issue an order or direction or writ in the nature of writ of mandamus directing the Respondents-Revenue Authorities not to grant any sites nor sanction plan for buildings licence/approval in Agricultural lands/Revenue pockets, without due procedure known to law, under the enactments, like Karnataka Land Revenue Act, 1964, Karnataka Municipalities Act 1964, Karnataka Municipal Corporation act 1976, Karnataka City and Country Planning Act and the Karnataka Urban Development Authorities Act, and also the guidelines issued by the Government time and again in that behalf and to stop such illegal allotment of sites for construction of Commercial buildings as per the request made by the - 5 - NC: 2025:KHC:1256-DB WP No. 34913 of 2024 Petitioner at Annexures-N, N1& E2, submitted to Respondent Nos.1 on 07.08.2024 & Respondent No.2 on 07.08.2024 as well as to Respondent No.3 on 09.08.2024, and (iii) Pass any order or orders as deems fit and proper including the cost of the proceedings, in the interest of justice and equity." 4. Learned Additional Government Advocate appearing for respondent Nos.1 to 5 and 7 upon instructions submitted that an endorsement vide Annexure-'M' to the writ petition has been issued in accordance with law wherein it has been stated that CL-7 licence is being granted in accordance with law. It was submitted that the writ petition did not speak about any violation of law by the authorities concerned in relation to a particular instance, but it is in the nature of seeking an omnibus direction to the authorities concerned that they should act in accordance with law. It was further submitted that the writ petition did not establish any specific instance of violation of law by the authorities concerned and for that reason. It was prayed that the writ petition be dismissed. 5. The averments in the writ petition shows that the petitioner has made representations to the respondents to prohibit construction on agricultural land, not to grant permission to run any - 6 - NC: 2025:KHC:1256-DB WP No. 34913 of 2024 commercial ventures on the said lands, more so, liquor shops and take steps to curb grant of CL-7 licence. There is no specific averment as to violation of law by the authorities concerned in any specific instance. 5.1 The relief claimed by the petitioner is not specific and is too vague to be adverted to. Perusal of the prayers itself shows that the petitioner wants the Court only to direct the authorities concerned to act in accordance with law and does not specify any particular instance where law is violated by the authorities. 5.2. The endorsement under challenge merely states that CL-7 licence shall be granted only in accordance with law. There is no error in the same. 6. Further, this Court cannot presume that the authorities concerned shall violate the law and issue a direction to them not to violate the law while granting or refusing permission to put up any construction. 7. For the said reasons, the writ petition is hereby dismissed. - 7 - NC: 2025:KHC:1256-DB WP No. 34913 of 2024 Interlocutory applications stands disposed of in view of the dismissal of main petition. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE VMB, List No.: 1 Sl No.: 5