- 1 - HC-KAR NC: 2025:KHC-D:18314 WP No. 107184 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107184 OF 2024 (LB-RES) BETWEEN: 1. SRI. CHANNAPPA GOUD S/O MARIGOUDA PATIL AGE: 64 YEARS, OCC: AGRICULTURE, R/O: PYATISAAL ONI, UNKAL HUBBALLI, DIST: DHARWAD REP BY GPA HOLDER SHIVANNA S/O ANJANEYA PATIL AGE: 58 YEARS OCC: BUSINESS R/O: H.NO.9, SHIROOR PARK 1ST MAIN, 1ST CROSS, HUBBALLI-580020 DIST: DHARWAD …PETITIONER (BY SRI. MALLIKARJUNASWAMY B. HIREMATH, ADV.) AND: 1. THE HUBBALLI DHARWAD URBAN DEVELOPMENT AUHTORITY NAVANAGAR, HUBBALLI-580025 REP BY ITS COMMISSIONER. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18314 WP No. 107184 of 2024 2. THE HUBBALLI DHARWAD MUNICIPAL CORPORATION LAMINGTON ROAD, HUBBALLI, DIST. DHARWAD-580020 BY ITS COMMISSIONER …RESPONDENTS (BY SRI. V.H. SHEELVANT, ADV. FOR R1; SRI. G.K. HIREGOUAR, ADV. FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING ENDORSEMENT BEARING NO. /HDMC/50/NA.YO/VINYAS/2024-25 PASSED BY HUBLI DHARWAD MUNICIPAL CORPORATION DATED 22- 09/08-2024 VIDE, ANNEXURE- H AS NULL AND VOID; ISSUE A WRIT OR DIRECTION TO 2NO RESPONDENT TO ACCEPT THE RELINQUISHMENT OF ROAD, PARK (BUS BEY/SELTER-0.H.T, TRANSFORMER & STP FROM THE PETITIONER BY CONSIDERING THE APPLICATION DATED 08/07/2024 VIDE ANNEXURE-G; CONSEQUENTLY ISSUE RESPONDENT NO.1 TO ISSUE COMPLETION CERTIFICATE TO R.S.NO.79/1 MEASURING 14 ACRES 12 GUNTAS AND R.S.NO.79/2 MEASURING 14 ACRES 12 GUNTAS TOTALLY MEASURING 28 ACRES 24 GUNTAS SITUATED AT UNKAL, HUBBALLI WITHIN A OUTER LIMIT OF ONE MONTH AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18314 WP No. 107184 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order at Annexure-H dated 22.08.2024 passed by the 2nd respondent-Hubli- Dharwad Municipal Corporation. The writ of mandamus is also sought to direct 2nd respondent to accept the relinquishment of road, park and other public facilities available in the layout formed by the petitioner. 2. In terms of Annexure-H, the office of the 2nd respondent has addressed a letter to the petitioner stating that the relinquishment deed in respect of the facilities provided in the petitioner’s layout cannot be accepted on the premise that the said layout is not within the territorial jurisdiction of 2nd respondent-Corporation. 3. Learned counsel for the 2nd respondent submits that earlier that was the position, and now the direction is issued by the Commissioner in terms of direction dated 22.08.2024 to accept the relinquishment deed in respect of - 4 - HC-KAR NC: 2025:KHC-D:18314 WP No. 107184 of 2024 the layouts which are outside the territorial jurisdiction of HDMC. 4. Under these circumstances, the petition has to be allowed. The impugned Annexure-H has to be quashed directing the 2nd respondent to accept the relinquishment deed executed by the petitioner. Consequent orders after accepting the relinquishment deed has to be passed in favour of the petitioner. 5. Necessary certificates has to be issued in favour of the petitioner to enable the petitioner to sell the sites, subject to other compliance if any, within two months from the date of receipt of the copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS/CT CNB List No.: 1 Sl No.: 43