- 1 - HC-KAR NC: 2025:KHC-D:14246 WP No. 105038 of 2016 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105038 OF 2016 (LB-RES) BETWEEN: 1. BELAGAVI ZILLA WATANDAR MAHAR SANGH 4113 JAIBHIM RAO BHAVAN, KANGRAL GALLI, DIST: BELAGAVI-590001, BY ITS SECRETARY. 2. BELAGAVI ZILLA WATANDAR MAHAR SANGH 4113 JAIBHIM RAO BHAVAN, KANGRAL GALLI, BELAGAVI, DIST: BELAGAVI-590001, BY ITS PREISDENT. …PETITIONERS (BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, TO URBAN DEVELOPMENT DEPARTMENT CITY CORPORATION, M.S.BUILDING, BANGELURU-01. 2. CITY CORPORATION BELAGAVI BELAGAVI, DIST: BELAGAVI-590001, BY ITS COMMISSIONER. 3. BELAGAVI DISTRICT (RURAL) CONGRESS SAMITI, BELAGAVI, H.NO.27/B (BASAV-KUNJ "AZAD HOUSING SOCIETY KUVEMPU NAGAR HINDALAGA BELAGAVI, DIST: BELAGAVI-590001, BY ITS PRESIDENT. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. ARAVIND D.KULKARNI, ADVOCATE FOR R2; SMT. SURABHI KULKARNI, ADVOCATE FOR R3) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14246 WP No. 105038 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER DATED 07.05.2015 PASSED IN NA.AA.EI/4/ACB/2014 TO SELL 10 GTS OF LAND IN CTS NO.3927 AND 3926 PASSED BY 1ST RESPONDENT VIDE ANNEXURE-H TO MEED THE ENDS OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed by the petitioner society assailing the order dated 07.05.2015 passed by respondent No.1, marked as Annexure-H, proposing to sell 10 guntas of land in CTS Nos.3926 and 3927 and also to quash the resolution dated 20.12.2014 passed by respondent No.2, marked as Annexure-G. 2. In terms of the resolution dated 20.12.2014, the Sub- committee for lease properties of Belagavi City Corporation has proposed to alienate the property and to submit the proposal to the Government for approval. - 3 - HC-KAR NC: 2025:KHC-D:14246 WP No. 105038 of 2016 3. In terms of Annexure-H, the Government passed an order permitting respondent No.2 to sell the property in favour of respondent No.3. 4. The petition is filed on the premise that, in the year 1927, the respondent No.2/Corporation (then Municipality) has handed over the property in question to the petitioner society for its use. It is urged that, since 1927, the petitioner society is in possession of the property and therefore, the same could not have been proposed to be sold in favour of respondent No.3. 5. Learned counsel for the respondents would urge that the property was never handed over to the petitioner society, and it was granted in favour of the Karnataka Depressed Class Welfare Society, Belagavi. Since grantee has fulfilled the terms and conditions in the grant order dated 25.08.1973, the Grant order is cancelled and the property was available for respondent No.2 to deal with in the manner as provided under law. 6. This Court has considered the contentions raised at the Bar and perused the records. - 4 - HC-KAR NC: 2025:KHC-D:14246 WP No. 105038 of 2016 7. The entire case of the petitioner society is based on the resolution dated 26.05.1927. It is stated that the resolution was passed by the then standing committee of the Belagavi Municipality, and the registered document dated 03.12.1927 was executed by the President of the Belgavi Municipality. 8. This Court has perused aforementioned two records. It is noticed from the registered document dated 03.12.1927 that the petitioner society had sought permission to use a certain portion of the property belonging to respondent No.2/Municipality, with an undertaking that it would handover possession of the same to the Municipality as and when demanded, without any further condition. As can be seen from the said document, the petitioner society has undertaken to handover possession of the property to the Municipality unconditionally. 9. Despite the position, the petitioner society cannot claim any right over the said property. The Municipality has taken a decision to sell the property, and the Government has granted permission to sell the property. Consequently, the petitioner - 5 - HC-KAR NC: 2025:KHC-D:14246 WP No. 105038 of 2016 society cannot assail the said decision of the Municipality, as the petitioner society has no right over the property. 10. With these observations, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP Ct:vh List No.: 1 Sl No.: 64