- 1 - NC: 2025:KHC-D:3826 WP No. 104877 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104877 OF 2024 (LB-RES) BETWEEN: 1. SHRI MARUTI S/O. MALINGAPPA KUKATI AGE. 62 YEARS, OCC. AGRICULTURIST, 2. SHRI. BASAPPA S/O. BALAKRISHNA KUKATI AGE. 55 YEARS, OCC. AGRICULTURIST, 3. SHRI. SUBASH S/O. BALAKRISHNA KUKATI AGE. 50 YEARS, OCC. AGRICULTURIST, 4. SHRI. ASHOK S/O. BALAKRISHNA KUKATI AGE. 45 YEARS, OCC. AGRICULTURIST, ALL ARE R/O. S N KHATAGE, HAL GANESH ROAD, VIDYAGIRI, DHARWAD. …PETITIONERS (BY SRI. PRAKASH.K.JAWALKAR & SRI. SACHIN C. ANGADI., ADVOCATES) AND: HUBLI DHARWAD URBAN DEVELOPMENT AUTHORITY BY ITS COMMISSIONER, Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:3826 WP No. 104877 of 2024 NAVANAGAR, HUBBALLI-580025. …RESPONDENT (BY SRI. M.L. VANTI., ADVOCATE REP SRI. V.M. SHEELVANT., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER THEREBY QUASHING THE ORDER DATED 14-03-2024 BEARING NO.U V/VINAYSA/171/2018/19/5202 WHICH IS AT ANNEXURE-H, ORDER PASSED BY THE COMMISSIONER HUBBALLI, DHARWAD URBAN DEVELOPMENT AUTHORITY NAVANAGAR, HUBBALLI, IN THE INTEREST OF JUSTICE AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a. Issue a writ of certiorari or any other appropriate writ or order thereby quashing the order dated 14.03.2024 bearing No. U.V/Vinaysa/171/2018/19/5202 which it at Annexure-H, order passed by the commissioner Hubballi, Dharwad urban Development Authority Navanagar, Hubballi, in the interest of justice and equity. b. Such other directions or orders in the factual situation as deemed fit and proper be passed. - 3 - NC: 2025:KHC-D:3826 WP No. 104877 of 2024 2. The petitioners are the owners of the property bearing Block No.28/2, measuring 13 acres, 26 guntas of Sattur Village, Taluk and District Dharwad. The petitioners had made an application for conversion of the said land from agricultural to non- agricultural purposes and subsequently for formation of a layout. The Hubli-Dharwad Urban Development Authority had issued a NOC so also the NOC received from other departments which were submitted along with the application. The respondent had issued challan to pay a sum of Rs.30,00,370/-. Later, the petitioners paid a sum of Rs.30,00,370/- on 15.3.2024 vide Annexure-D. The petitioners came to know on 27.3.2024 on being served with a notice that the approval had been cancelled on account of late payment. It is in that background that the petitioners are before the Court seeking for the aforesaid reliefs. - 4 - NC: 2025:KHC-D:3826 WP No. 104877 of 2024 3. The submission of Sri.Prakash K. Jawalkar, learned counsel for the petitioners is that the petitioners are willing to make payment of any differential amount, if any, in respect of the said conversion and layout sanction. His further submission is that the petitioners having followed up and obtained all the permissions now cannot be relegated to file a fresh application only because there are being certain delay in payment of monies. If there are any further compliances and/or NOCs which are required to be obtained by the petitioners, the petitioners would apply for and furnish the same to the respondents. 4. Sri. V.M.Sheelvant, learned counsel for respondent submits that if the petitioners were to comply with all the present requirements and make payment of the due amounts as calculated and furnished by the respondent, the respondent will once again consider the application filed by the petitioners in accordance with law and pass necessary orders. - 5 - NC: 2025:KHC-D:3826 WP No. 104877 of 2024 5. The same would answer the grievance of the petitioners. In that view of the matter, I pass the following: ORDER i) The Writ Petition is allowed, ii) A certiorari is issued, the order dated 14.3.2024 bearing U.V/Vinaysa/171/2018/19/5202 passed by the Deputy Commissioner at Annexure-H is quashed. The matter is remitted to the Hubli- Dharwad Urban Development Authority for fresh consideration in terms of the observation made hereinabove within a period of 30 days from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 121