- 1 - HC-KAR NC: 2025:KHC-D:7495 WP No. 103402 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 103402 OF 2025 (KLR-CON) BETWEEN: SHRI PRAKASH DINAKAR DESAI, AGE: 85 YEARS, OCC: RETIRED AND AGRICULTURE, R/O. B2 ASAVARI, VEER SAVARKAR MARG, MAHIM, MUMBAI-400016. REPRESENTED BY HIS PA HOLDER, SHRI PRASANNA PRAKASH DESAI, AGE: 54 YEARS, OCC: SERVICE & AGRICULTURE, R/O. C15 ASAVARI, CADELL ROAD (VEER SAVARKAR MARG), MAHIM, MUMBAI-400016. …PETITIONER (BY SRI. TEJPAL A. KAMAL, ADVOCATE) AND: THE DEPUTY COMMISSIONER, BELAGAVI. …RESPONDENT (BY SRI. M.M. KHANNUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT ORDER PASSED BY THE RESPONDENT VIDE ANNEXURE-G IN THE INTEREST OF JUSTICE. CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7495 WP No. 103402 of 2025 b) ISSUE WRIT IN THE NATURE OF MANDAMUS TO ISSUE DIRECTION TO THE RESPONDENT TO GRANT THE CONVERSION OF LAND BEARING R.S. NO.35/4 OF NANAWADI, BELAGAVI INTO NON-AGRICULTURAL LAND CONSIDERING THE APPLICATION OF THE PETITIONER IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard learned counsel Sri.Tejpal A. Kamal for the petitioner. Learned AGA takes notice for the respondent-State. 2. It is the case of the petitioner that he is the owner of the land situated at Nanawadi, Belagavi. The petitioner applied for conversion of the land to non- agriculture purpose and supplied all the relevant necessary documents by way of affidavit to the respondent- authority. The petitioner also submitted that Belagavi Urban Development Authority, Belagavi has supplied CDP map and a copy of the map is supplied to - 3 - HC-KAR NC: 2025:KHC-D:7495 WP No. 103402 of 2025 the respondent. It is the contention of the petitioner that the respondent has rejected the application of the petitioner with a single line order “Negative views of Assistant Director Town and Country Planning”. 3. Initially the respondent had rejected similar application stating that there is no direct access to approach the road to the property and thereafter when a second application was made by producing all the documents, the application came to be rejected in a single sentence stated hereinabove at Annexure-G. Hence the petitioner is before this Court. 4. It is the contention of the petitioner that once the Local Planning Authority has specified the land in its CDP map for residential purpose, the respondent- authority ought to have considered the same and passed suitable orders by giving reasons. Whereas the respondent without consideration any of these materials, without verification of the application, documents annexed and the CDP issued by the Commissioner, BUDA - 4 - HC-KAR NC: 2025:KHC-D:7495 WP No. 103402 of 2025 has passed a very cryptic order not giving any finding or reasoning, which is illegal, arbitrary and the same requires to be set aside, so also on the ground that principles of natural justice is not followed. 5. Learned counsel for the petitioner relies upon a Coordinate Bench order of this Court in W.P.No.100442/2022 which considered similar aspects quashing the endorsement issue by the Deputy Commissioner directing to re-consider the application of the petitioner. In the present case on hand, the petitioner has filed application for conversion and it is the duty of the respondent-Deputy Commissioner to consider the same in accordance with law. If already there is a CDP plan issued by the authority which states that the land in question falls within the residential purpose, he will have to consider the same in accordance to the Development Authorities Plan taking into consideration other materials placed and pass reasonable order rather than passing a cryptic order in one sentence. If already the master plan includes these lands - 5 - HC-KAR NC: 2025:KHC-D:7495 WP No. 103402 of 2025 in residential purpose for residential categories, the same will have to be taken into consideration before passing the order. Under the circumstances, having not done so, the impugned order passed by the respondent-Deputy Commissioner is undoubtedly illegal, without proper appreciation of facts and law and the same requires to be set aside. Accordingly, I pass the following: ORDER i. Petition is allowed. ii. Writ of certiorari is issued. The impugned endorsement dated 02.05.2024 vide Annexure-G is hereby quashed. iii. Writ of mandamus is issued directing the respondent to re-consider the application/representation filed by the petitioner dated 02.05.2024 in accordance with law taking into consideration if the planning authority has designated the land - 6 - HC-KAR NC: 2025:KHC-D:7495 WP No. 103402 of 2025 for residential purpose or any other purpose other than agriculture purpose. iv. This exercise shall be completed within a period of six weeks from the date of receipt of copy of the order. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 45