- 1 - HC-KAR NC: 2025:KHC-D:12156 RP No. 100078 of 2025 IN WP No.105498/2022 (LB-RES) IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ REVIEW PETITION NO. 100078 OF 2025 IN WRIT PETITION NO. 105498/2022 (LB-RES) BETWEEN: 1. 2. DR. V. M. KERUDI RTD. DOCTOR AGED ABOUT 83 YEARS R/AT. ASHOK CIRCLE, EASTERN EXTENSION KERUDI COMPLEX RANEBENNUR – 58115. SHIVAYOGI KERUDI AGED ABOUT 50 YEARS R/AT: ASHOK CIRCLE EASTERN EXTENSION KERUDI COMPLEX RANEBENNUR-58115 … PETITIONERS (BY SRI. DR.V.M. KERUDI - PARTY IN PERSON) AND: 1. THE PRINCIPAL SECRETARY URBAN DEVELOPMENT DEPT GOVT. OF KARNATAKA VIKAAS SOUDHA, 4TH FLOOR ROOM NO. 435, BANGALORE-01 KARNATAKA 2. DIRECTOR MUNICIPAL ADMINISTRATOR AMBEDKAR VEEDI, V.V. TOWER NEAR VIDHANA SOUDHA Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12156 RP No. 100078 of 2025 IN WP No.105498/2022 (LB-RES) 9TH FLOOR, BANGALORE – 01 KARNATAKA 3. DISTRICT COMMISSIONER D.C. OFFICE DEVAGIRI, HAVERI – 581 110 4. COMMISSIONER CITY MUNICIPALITY RANEBENNUR STATION ROAD DIST.: HAVERI RANEBENNUR: 581 115 5. REGIONAL COMMISSIONER REGIONAL OFFICE D.C. COMPOUND BELGAUM – 590 001 6. CHIEF SECRETARY GOVT. OF KARNATAKA 3RD FLOOR, VIDHANA SOUDHA BANGALORE – 01 7. CHIEF MINISTER GOVT. OF KARNATAKA 3RD FLOOR, VIDHANA SOUDHA BANGALORE – 01 8. MUNICIPAL MINISTER GOVT. OF KARNATAKA 3RD FLOOR, VIDHANA SOUDHA BANGALORE - 01 … RESPONDENTS (BY SRI. SHARAD V. MAGADUM, ADVOCATE FOR R1 TO R3; SRI. PRASHANT HOSAMANI, ADVOCATE FOR R4) THIS REVIEW PETITION IS FILED UNDER SECTION 114 READ WITH ORDER XLVII RULE (1) OF CPC, 1908, PRAYING TO CALL FOR ENTIRE RECORDS IN WRIT PETITION NO.105498/2022 AND TO REVIEW THE ORDER DATED 03.04.2024 PASSED IN WRIT PETITION NO.105498/2022 (ANNEXURE-A) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2025:KHC-D:12156 RP No. 100078 of 2025 IN WP No.105498/2022 (LB-RES) THIS REVIEW PETITION COMING ON FOR HEARING- INTERLOCUTORY APPLICATION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The present Review Petition has been filed seeking for the following reliefs; a. To call for entire records in Writ Petition No.105498/2022 b. To review the Order dated 03.04.2024 passed in Writ Petition No.105498/2022 (Annexure-A) in the interest of justice and equity. c. Humble prayer is before this Hon’ble Court to clarification of Order in W.P. No.105498/2022 dated 3.4.2024 at para 7 towards in terms of application of law. d. To pass any other appropriate order/s in the interest of justice and equity. 2. A perusal of the Review Petition indicates the same has apparently been necessitated on account of the observations made in the Writ Appeal filed in WA No.100286 of 2024 and the Contempt Petition which has been filed by the petitioner in CCC No.100203 of 2024. The contention which had been taken up by the petitioner in the Writ Appeal is that - 4 - HC-KAR NC: 2025:KHC-D:12156 RP No. 100078 of 2025 IN WP No.105498/2022 (LB-RES) occupancy certificate has to be granted since this Court has held that the petitioner’s right is heritable and transferable. 3. I am of the considered opinion that in the present matter when the writ petition has been considered and answered, the question of consideration of any occupancy rights would not arise, since what is subject matter was only perpetual lease as regards which the respondents had issued a notice providing an option to the petitioner to convert into freehold property by making payment of due amounts. The petitioner chose not to convert into freehold property but to continue the property as a leasehold property albeit by paying the lease rentals from time to time. 4. The petitioner by way of the present Review Petition cannot convert his leasehold rights to freehold rights by seeking for occupancy certificate when the same has already been rejected. - 5 - HC-KAR NC: 2025:KHC-D:12156 RP No. 100078 of 2025 IN WP No.105498/2022 (LB-RES) 5. No grounds have been made out for review of the order dated 03.04.2024, since the issue of occupancy certificate was never considered in the said order. 6. If at all, the petitioner wishes to convert his land to freehold rights, this Court has already held that the same can be at the option of the lessee the petitioner can do so by making payment of the due amounts to the respondent. 7. Insofar as creation of mortgage and obtaining loan is concerned, the respondent would always be liable to issue a “No Objection Certificate” for raising of a loan on the lease hold basis, which learned counsel for respondent submits has already been issued. 8. No grounds being made out, there being no error on the face of the record, but a new contention having been raised, the Review Petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 181