- 1 - HC-KAR NC: 2025:KHC-D:14523 WP No. 107620 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107620 OF 2025 (KLR-CON) BETWEEN: SHRI. VISHWANATH S/O TARACHAND GONDHALE, AGE. 35 YEARS, OCC. PVT. SERVICE, R/O. #98,NIRAVARI COLONY, TQ. NARAGUND, DIST. GADAG-582 207. … PETITIONER (BY SRI. R.H. ANGADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, M.S. BUILDING, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, GADAG, D.C. COMPOUND, GADAG-582 101. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR QUASH THE IMPUGNED ONLINE ENDORSEMENTS, DATED 05.06.2025, ISSUED BY RESPONDENT NO.2, DEPUTY COMMISSIONER, GADAG APPLICATION BEARING NO.766405 VIDE ANNEXURE-C, AND CONSEQUENTLY A DIRECTION BE ISSUED TO THE RESPONDENTS TO CONSIDER THE ONLINE APPLICATIONS SUBMITTED BY THE PETITIONER DATED 06.05.2025, FOR CONVERSION OF AGRICULTURE LAND TO NON-AGRICULTURAL LAND, IN RESPECT OF SY.NO.515/*/19, MEASURING 02.08.00, SITUATED AT DANDAPUR VILLAGE, TQ. NARAGUND, DIST. GADAG, VIDE ANNEXURE-B, BY ALLOWING THIS WRIT PETITION, TO MEET THE ENDS OF JUSTICE. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14523 WP No. 107620 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner assailing the endorsement dated 05.06.2025 issued by the Deputy Commissioner, Gadag, marked as Annexure-C. 2. Learned counsel for the petitioner submits that the petitioner’s property is within the city limits and there is no need to pass a formal order of conversion, since it also falls under the master plan by the Town Planning Authority. 3. Learned counsel for the petitioner refers to the judgment of this Court in Junaid Vs. State of Karnataka and Another1. In the said case, a Co-ordinate Bench of this Court has held that under Section 95 of the Karnataka Land Revenue Act, 19642, if the agricultural land falls within a local planning area, then the land shall be deemed to have been converted, 1 W.P.No.104022/2022 2 Hereinafter referred to as the ‘Act of 1964’ - 3 - HC-KAR NC: 2025:KHC-D:14523 WP No. 107620 of 2025 subject to payment of fine prescribed under Sub Section 7 of Section 95 of Act of 1964. 4. Learned AGA submits that the property is within city limits. Learned AGA further submits that the Town Planning Authority is not a party to the proceeding. 5. The issue raised in the present petition is covered in terms of the judgment referred to above. 6. Hence, the following: ORDER a) The writ petition is allowed. b) The endorsement dated 05.06.2025 issued by the Deputy Commissioner, Gadag, marked as Annexure-C, is quashed. c) The respondent No.2 is directed to collect conversion fee, permitting the petitioner to utilise the land for residential purpose, as specified in Sub Section 7 of Section 95 of Act of 1964, for the purpose of residential use. - 4 - HC-KAR NC: 2025:KHC-D:14523 WP No. 107620 of 2025 d) The exercise shall be completed within two weeks from the date of receipt of fees from the petitioner. e) The petitioner shall approach the Town Planning Authority for approval of layout, if mandated under law and same shall be considered in accordance with law. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 54