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2025 DAILYLAW 59291 (KAR)

SHRI GOPALRAO TUKARAM KUKDOLKAR v. THE DIRECTOR LAND RECORDS

WP/107906/2023 · 2025-10-15

Anant Ramanath Hegde

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13941 WP No. 107906 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107906 OF 2023 (KLR-RR/SUR) BETWEEN: SHRI GOPALRAO TUKARAM KUKDOLKAR, AGE. 50 YEARS, OCC. BUSINESS, R/O. KRRISH CLUB RESIDENCY, PLOT NO.8, CTS NO.3934/1A/1B, CLUB ROAD, BELAGAVI-590 001. … PETITIONER (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: THE DIRECTOR LAND RECORDS, BELAGAVI-590 001. … RESPONDENT (BY SMT.MALA B. BHUTE, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 18-10-2023 PASSED BY THE JOINT DIRECTOR, LAND RECORDS, BELAGAVI VIDE ANNEXURE-F BEARING NO.PÀæ.¸ÀA:¥Áæ¨sÀÆzÁdA¤/vÁAwæPÀ(2)/«ªÀ-50/2023-24. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:13941 WP No. 107906 of 2023 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard learned counsel appearing for the petitioner and learned AGA appearing for the respondent. 2. The petition is filed to quash the order dated 18.10.2023 issued by the respondent in terms of which the respondent has refused to amalgamate two different city survey numbers belonging to the petitioner. 3. It is noticed from the records at Annexures-A and B that the petitioner purchased the property bearing CTS No.1625 measuring 4600 square feet and CTS No.1626 measuring 4600 square feet, in all, measuring 10040 square feet formed in R.S.No.203/2/1A, 203/2/1B and 203/2/2 in R.K. Marg, Hindwadi, Belagavi. 4. The city survey records could reveal that the petitioner's name in respect of CTS No.1625 and 1626. The sketch is also produced indicating the fact that two properties are located next to each other. - 3 - HC-KAR NC: 2025:KHC-D:13941 WP No. 107906 of 2023 5. Petitioner moved application to consolidate these two survey numbers as petitioner intended to develop both properties by building a multistoried building. The application is rejected. 6. Learned counsel for the petitioner would refer to the Government notification dated 17.03.2023 (which is produced before the Court today) which provides for amalgamation and also sub-division of the properties. The said notification is issued under Section 13-E of the Karnataka Town and Country Planning Act, 1961 (‘Act, 1961’, for short). 7. Learned counsel for the petitioner has also produced the permission granted by Belgaum Urban Development Authority, permitting the petitioner to construct the residential building. 8. Learned Government Advocate would submit that the endorsement is in accordance with law as there is no specific provision relating to amalgamation of lands. 9. The definition of amalgamation provided under the Regulations referred to above, reads as under: - 4 - HC-KAR NC: 2025:KHC-D:13941 WP No. 107906 of 2023 “Amalgamation” means clubbing of two or more building sites into one.” Section 13-E of the Act, 1961 reads as under: “The State Government may, after previous publication of the draft for not less than one month by notification make amendments to regulations.” 10. The Regulations so amended on 17.03.2023 as already noticed provides for amalgamation by defining amalgamation as clubbing of two or more building sites into one. 11. It is noticed that the approval is granted to the building proposed by the petitioner. The petitioner has sought permission to put up a structure by showing the structure in both properties, bearing CTS Nos.1625 and 1626. The approved sketch does not disclose two different bifurcations in CTS Nos.1625 and 1626 where the building is proposed. 12. Under these circumstances, the impugned order has to be set aside. Accordingly, the following: ORDER The writ petition is allowed. Impugned order dated 18.10.2023 is set aside. - 5 - HC-KAR NC: 2025:KHC-D:13941 WP No. 107906 of 2023 Respondent is directed to amalgamate all city survey numbers and make necessary changes in the property records and issue a separate sketch and property record pursuant to the amalgamation. It is made clear that the extent of the property shall not exceed the total extent of the two city survey numbers namely 1625 and 1626 after amalgamation. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 38