- 1 - HC-KAR NC: 2025:KHC-D:10446 WP No. 106241 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106241 OF 2024 (GM-RES) BETWEEN: MOHAMMED IRFAN ABDUL KAYYAM INDI @ INDIKAR AGE ABOUT 58 YEARS OCC NIL R/O MIRADE GALLI, NEAR MASJID, MEENAKSHI CHOWK VIJAYAPURA …PETITIONER (BY SRI. PRUTHVI K S ,ADVOCATE) AND: 1. THE CHIEF ENGINEER BAGALKOT TOWN DEVELOPMENT AUTHORITY BAGALKOT 587103 2. THE REHABILITATION OFFICER BAGALKOT TOWN DEVELOPMENT AUTHORITY BAGALKOT 587103 …RESPONDENTS (BY SRI. SANJAY S. CHANAL., ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI IMPUGNED ORDER/LETTER/ NOTICE ENDORSEMENT NO. PU A/ BA PA A PRA/CR-2024-25 DATED. 16-10-2024 PASSED BY THE RESPONDENT NO. 2 HEREIN WHICH IS PRODUCED AT ANNEXURE-P AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10446 WP No. 106241 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: i. Issue a writ of certiorari impugned order/letter/notice/endorsement NO. PU A/ BA PA A PRA/CR-2024-25 dated 16.10.2024 passed by the R2 herein which is produced at Annexure-P; ii. Pass such other orders or direction as this Hon’ble Court deems just and proper under the circumstances of the case, in the interest of justice and equity. 2. The petitioner being entitled to D-category site was allotted E-category site, though he was only entitled to a D-category site. The petitioner thereafter sold said site to a third party, it is subsequent thereto, that endorsement had been issued on 16.10.2024 at Annexure-P, cancelling site allotted to the petitioner in the E-category. It is challenging the same, that the petitioner is before this Court seeking for the aforesaid relief. - 3 - HC-KAR NC: 2025:KHC-D:10446 WP No. 106241 of 2024 3. The issue in the present matter is already dealt with by a co-ordinate Bench in its order dated 12.2.2025 in Modinsab Badruddin Gaadi Urf Dandi Vs. The Chief & Anr. in WP No.106044 of 2024, where this Court had directed the respondents to collect the differential allotment value at the time of allotment and regularise the allotment. 4. In that view of the matter, the said order would be equally applicable to present matter. As such, I pass the following; ORDER i. The writ petition is allowed. ii. The impugned endorsement NO. PU A/ BA PA A PRA/CR-2024-25 dated 16.10.2024 passed by respondent No.2 at Annexure-P is quashed. iii. Respondents are at liberty to collect the differential allotment value as on the date of allotment between D-category and E-category - 4 - HC-KAR NC: 2025:KHC-D:10446 WP No. 106241 of 2024 site, which the petitioner would be liable to pay if not already paid within 30 days for the demand being raised by respondents. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 50