- 1 - HC-KAR NC: 2025:KHC-D:8347 WP No. 102169 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102169 OF 2025 (LB-RES) BETWEEN: 1. RAJU S/O. MANGALSIGA RAJUPT, AGE: 40 YEARS, OCC: POLICE DEPARTMENT, 2. ASHOK S/O. MANGALSIGA RAJUPT, AGE: 39 YEARS, OCC: BUSINESS, BOTH ARE R/O. H.NO.37, NAVANAGAR, BAGALKOT-587101. …PETITIONERS (BY SMT. KAVYA S. YALAGI, ADVOCATE) AND: 1. THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, NAVANAGAR, BAGALKOT-587 101. 2. THE REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY (BTDA), NAVANAGAR, BAGALKOT-587101. …RESPONDENTS (BY SRI. SANJAY CHANNAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE IMPUGNED LETTER DATED 15/02/2025 PASSED BY THE RESPONDENT NO.2 IN BEARING NO.PÀæ.¸ÀA:¥ÀÄ.C:¨Á.¥À.C.¥Áæ:¹.Dgï-2024- 25/2788 PRODUCED ALONG WITH THE WRIT PETITION AS ANNEXURE-F, IN THE INTEREST OF JUSTICE AND ETC. VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.16 14:35:13 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8347 WP No. 102169 of 2025 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. Heard the learned Counsel for the petitioners and the respondents. 2. Respondent No.1 issued a notification for the auction of open plots and corner plots. The petitioners participated in the auction and successfully purchased Plot No. 44 by paying a total sum of Rs.80,70,000/- on 26.02.2024. Respondent No.1 executed a registered Sale Deed in favour of the petitioners. Thereafter, the petitioners obtained huge loan from the HDFC Bank. Due to financial constraints, the petitioners were unable to repay the loan. The petitioners filed representations dated 26.08.2024 and 20.02.2025 with respondent No.2 seeking permission to sell the property. However, respondent No.2 has not considered the representations favourably and on the contrary has rejected the petitioners’ applications for issuance of ‘No Objection - 3 - HC-KAR NC: 2025:KHC-D:8347 WP No. 102169 of 2025 Certificate’ (NOC). Aggrieved by the same, the petitioners are before this Court seeking to quash the said endorsement. 3. During the course of arguments, learned counsel for petitioners contends that there is serious health issues, due to which, they are unable to pay the loan amount and therefore they are intending to sell the property in question. Hence, the present petition. 4. Per contra, the learned counsel Sri Sanjay Channal appearing for respondents contends that as per terms and conditions, there is lock-in-period of 10 years. Hence, endorsement is given, which is in accordance with law. 5. Learned counsel for the petitioners further contended that father of petitioners is suffering from gangrene. Therefore, there is urgent requirement of finance for his treatment. Though there is a condition prescribed by the respondents of non-alienation for a period of 10 years. Learned counsel for petitioners may make fresh representation producing all documents relating to medical diagnosis and issues along with any other submissions to the respondents, which shall consider the same and pass fresh orders - 4 - HC-KAR NC: 2025:KHC-D:8347 WP No. 102169 of 2025 considering the petitioners on sympathetic ground. Accordingly, I pass the following : ORDER (i) Petition is disposed of reserving liberty to the petitioners to file fresh representation along with all medical records for necessary relief. (ii) On submission of such representation, respondents shall consider the same in accordance with law taking sympathetic view. Sd/- (PRADEEP SINGH YERUR) JUDGE VB para 1 and 2. CKK para 3 to end. CT-MCK List No.: 1 Sl No.: 91 - 5 - HC-KAR NC: 2025:KHC-D:8347 WP No. 102169 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [RAJU S/O MANGALSINGA RAJUPT AND ANOTHER VS. TEH CHIEF ENGINEER AND ANOTHER] 15.07.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER ON ‘BEING SPOKEN TO’ The matter is listed under the caption ‘Being Spoken To’. It is submitted that while the matter was disposed of on 03.07.2025, this Court had observed that the respondents shall consider the case of the petitioner within four weeks, but the same is not incorporated in the operative portion of the order. Learned counsel for the respondents does not dispute this aspect. Therefore in continuation of the order dated 03.07.2025, the following order is passed, which would be read as part and parcel of the said order: “The respondents shall pass the order within four weeks from the date of receipt of copy of the order.” Ordered accordingly. Sd/- ( PRADEEP SINGH YERUR) JUDGE Kgk /List No.: 1 Sl No.: 1