- 1 - HC-KAR NC: 2025:KHC-D:17219 WP No. 109014 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.109014 OF 2025 (LB-RES) BETWEEN: 1. SHRI PRASANNA S/O. DATTATRAYA HEBLIKAR, AGE. 53 YEARS, OCC. BUSINESS, NARAYANPUR, DHARWAD-580 008. 2. SMT. ASHWINI W/O. PRASANNA HEBLIKAR, AGE. 48 YEARS, OCC. BUSINESS AND HOUSEHOLD, NARAYANPUR, DHARWAD-580 008. … PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS UNDER SECRETARY TO DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, AMBEDKAR VEEDI, BENGALURU-01. 2. HUBBALLI DHARWAD MUNICIPAL CORPORATION, LAMINGTON ROAD, HUBBALLI, DIST. DHARWAD-580 020, R/BY ITS COMMISSIONER. CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17219 WP No. 109014 of 2025 3. THE DEPUTY DIRECTOR, TOWN PLANNING DIVISION, H.D.M.C., JUBILEE CIRCLE, DHARWAD-580 001. 4. HUBBALLI DHARWAD DEVELOPMENT AUTHORITY, NAVANAGAR HUBBALLI, DIST. DHARWAD-580 025, R/BY ITS COMMISSIONER. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R2 AND R3; SRI. MADANMOHAN M. KHANNUR, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO.£ÀA.ºÀÄzsÁªÀÄ¥ÁºÀÄ/51/ªÀiÁ.ºÀ./2025AiÀÄÄ26/560 ¢£ÁAPÀ 21/11/2025 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-D AS NULL AND VOID AND ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO ISSUE BUILDING PERMISSION TO THE PETITIONERS BY ACCEPTING THE APPLICATION DATED 16/10/2025, ANNEXURE-C AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17219 WP No. 109014 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the endorsement dated 21.11.2025 issued by respondent No.3/Corporation which has insisted the petitioners to surrender the land to obtain the permission to construct the building. 2. Learned counsel for the petitioner would submit that such a condition cannot be imposed as it amounts to acquiring the land without initiating the acquisition proceedings. It is his further submission that the present petition is covered in terms of the order passed in W.P.No.17302/2023. 3. The respondent would oppose the submission on the premise that the land is required for widening the road as such, the petitioner has to surrender the land to obtain the permission to construct the building. 4. The Court has considered the contentions raised at the Bar and perused the records. 5. The issue raised in the petition is that present petition is squarely covered in terms of the law laid down by this - 4 - HC-KAR NC: 2025:KHC-D:17219 WP No. 109014 of 2025 Court in Sri B.K.Thyagaraj and another v. the State of Karnataka and others1. The Co-ordinate Bench of this Court has held that the Authority cannot insist for surrender of land without there being any acquisition proceeding. 6. Under these circumstances, following order is passed. ORDER i. Writ petition is allowed. ii. Impugned endorsement dated 21.11.2025 issued by respondent No.3 at Annexure-D is quashed. iii. The respondents shall issue the building permission subject to petitioner fulfilling other requirements under law within one month. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 124 1 W.P.No.17302/2023