- 1 - HC-KAR NC: 2025:KHC-D:8880 WP No. 101970 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 101970 OF 2025 (LA-UDA) BETWEEN: CHETANA CO-OPERATIVE HOUSING SOCIETY LIMITED, NO.15, TEACHER COLONY, BENGERI, HUBBALLI-580023, REPRESENTED BY ITS SECRETARY, SRI. BASAVARJ S/O. ESHWARAPPA GUTTAL. …PETITIONER (BY SRI. RAJASHEKAR R. GUNJALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU, BY ITS SECRETARY-560001. 2. THE COMMISSIONER, HUBBALLI-DHARWAD, URBAN DEVELOPMENT AUTHORITY, NAVANAGAR, HUBBALLI-580025. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI. B. SHARANABASAWA, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE WRIT OF CERTIORARI BY QUASHING THE IMPUGNED ENDORSEMENT NO. YOO.VEE/VINYAS/14/1996/4889 DATED 12.2.2025 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-C. B. ISSUE WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO HAND OVER THE POSSESSION OF LAND BEARING CTS NO. 4758A2/72 SITUATED IN THE LAYOUT FORMED IN SY.NO.40/2A AND 40/2B MARIYA TIMMASAGAR VILLAGE OF HUBBALLI TALUKA TO THE EXTENT OF 1170.85 SQ.METER TO THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by B LAVANYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:8880 WP No. 101970 of 2025 C. ISSUE WRIT OF MANDAMUS DIRECTING THE 2ND RESPONDENT TO APPROVE THE LAYOUT FORMED IN THE SAID LAND BY THE SOCIETY IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. This petition is filed by the petitioner seeking to quash the endorsement dated 12.02.2025 issued by respondent No.2 vide Annexure-C. 2. The petitioner is a society registered under the Karnataka Co-operative Societies Act and it has formed a layout for its members at Sy.No.40/2A and 40/2B of Mariya Thimmasagar village (MTS village), Hubballi taluk, pursuant to the approval given by respondent No.2-Urban Development Authority. 3. It is contended by the learned counsel for the petitioner that, after formation of the layout, the officials of the Hubballi-Dharwad Urban Development Authority (hereinafter referred to as ‘the HUDA’, for short) inspected the layout and handed over the civic amenity sites to the HUDA in addition to - 3 - HC-KAR NC: 2025:KHC-D:8880 WP No. 101970 of 2025 the civic amenity area of 1170.85 sq.meters for land bank scheme as per the Government Notification to distribute the same to the weaker section persons. After the said land was taken over, the name of HUDA was entered in the property extract of City Corporation. The society handed over the said land measuring 1170.85 sq.meters free of cost to HUDA. The said land is still vacant. 4. This being the sate of affairs, the petitioner-society realized that the Government Notification No.HUD590MS 90 dated 05.10.1990 insisting to reserve 5% of land in the private layout for land bank scheme to distribute to the weaker section persons, came to be set side by this Court vide order dated 28.05.1999 in Writ Petition No.5260/1991 and connected matters and in Writ Petition No.4812/2004 dated 18.1.2006. In the said writ petitions, respondent No.2 was a party. In view of the said orders of this Court, the State Government issued a circular dated 26.03.2000 to cancel reservation of 5% of the land in the private layout for land bank scheme. - 4 - HC-KAR NC: 2025:KHC-D:8880 WP No. 101970 of 2025 5. It is contended by the learned counsel for the petitioner that respondent No.2-Urban Development Authority was fully aware of the Notification of reservation of 5% of the land in the private layout for land bank scheme having been set aside by this Court in the year 1999, despite which, had insisted the petitioner-society to transfer the said land in its favour, which was not within the knowledge of the petitioner. After the petitioner came to know of the said judgment of this Court and on realizing that the said land is still vacant, the petitioner held a board meeting to request respondent No.2 to return the possession of the land to the society for its use and a representation was also made to that effect on 10.02.2024. 6. The representation of the petitioner on consideration came to be refused and rejected on the ground that there is no provision for return of the land. The said endorsement is contrary to the judgments of this Court stated herein supra. The petitioner being aggrieved by the rejection of the representation, is before this Court. 7. It is the vehement contention of the learned counsel for the petitioner that, respondent No.2 has acted - 5 - HC-KAR NC: 2025:KHC-D:8880 WP No. 101970 of 2025 illegally and arbitrarily by issuing the endorsement dated 12.02.2025 which is opposed to law and the Orders rendered by this Court quashing the authority of the respondent with regard to the Notification for reservation of 5% of the land in the private layout. 8. Per contra, learned High Court Government Pleader for respondent No.1 and the learned counsel for respondent No.2 sustain the impugned order but does not dispute that Orders of this Court, however, contends that there is no provision for return of the land. Hence, they seek to dismiss the petition. 9. I have heard the learned counsel for the petitioner, learned HCGP and the counsel for respondent No.2. 10. The facts of the case are not in dispute so also the Orders of this Court in the two writ petitions mentioned hereinabove wherein the Government Notification of reserving 5% of land in the private layout for land bank scheme for distribution of the same to shelterless and homeless persons, came to be quashed. - 6 - HC-KAR NC: 2025:KHC-D:8880 WP No. 101970 of 2025 11. Under the circumstances, the land having been taken by the respondents in pursuance to the said Notification would not now enure to the benefit of the respondents, as the said Notification has been quashed by this Court in the writ petitions mentioned hereinabove. Consequently, the contention of the counsel for the respondents that the land cannot be returned back, would have no legs to stand transfer, for the simple reason that the petitioners are the absolute owners of the land and in view of the Notification being quashed by this Court, which had given authority to the respondents to secure the land for landless and shelterless persons, keeping the land without giving it back to the petitioner is in violation of Article 300A of the Constitution of India. Therefore, the respondents have no authority to retain the land and no voice to say that there is no provision for return of the land to the petitioner. 12. I am in agreement with the learned counsel for the petitioner that this petition deserves to be allowed. - 7 - HC-KAR NC: 2025:KHC-D:8880 WP No. 101970 of 2025 13. Accordingly, I pass the following ORDER i. This petition is allowed. ii. The impugned endorsement dated 12.02.2025 issued by respondent No.2 vide Annexure-C is quashed. iii. Writ of mandamus is issued directing 2nd respondent to handover the possession of the land bearing CTS No.4758A2/72 situated in layout formed in Sy.Nos.40/2A and 40/2B Mariya Timmasagar village of Hubbali taluka to an extent of 1170.85 sq.meters to the petitioner, within a period of 8 weeks from the date of receipt of copy of the order. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK