- 1 - HC-KAR NC: 2025:KHC-D:14079 WP No. 106977 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106977 OF 2025 (LB-UC) BETWEEN: CHANDRASHEKARGOUDA H. S/O H. SHANKREPPA, AGE. 45 YEARS, OCC. AGRICULTURE, 181/1, WARD NO.30, SWAGAT MILL ROAD, HIREJANTKAL, GANGAVATI-583 227. … PETITIONER (BY SRI. V.S. KALASURMATH, ADVOCATE) AND: 1. THE COMMISSIONER, HAMPI VISHWA PARAMPARE PRADESH NIRVAHANA PRADHIKARA, KAMALAPUR, TQ. HOSAPETE, DIST. VIJAYANAGAR-583 221. 2. THE PANCHAYAT DEVELOPMENT OFFICER, GRAMPANCHAYATI ANEGUNDI, TQ. GANGAVATI, DIST. KOPPAL-583 227. … RESPONDENTS (BY SRI. PRASHANT F. GOUDAR, ADVOCATE FOR R1; SRI. BHUSHAN KULKARNI, ADVOCATE 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 QUASHING THE IMPUGNED COMMUNICATION OF THE RESPONDENT NO.1 BEARING NO.ºÀ«¥À¥À椥ÁæPÀ/£Áå.¥Àæ./2025/829 ¢£ÁAPÀ 26.08.2025 AND ENDORSEMENT BEARING NO. ºÀ«¥À¥À椥Áæ/PÀ/NOC/02/2025-26/927, ¢£ÁAPÀ 08.09.2025 VIDE ANNEXURE-A AND A1 RESPECTIVELY. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14079 WP No. 106977 of 2025 THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner, assailing the order at Annexure-A, passed by respondent No.1. 2. In terms of the impugned order, respondent No.1 has directed the removal of structures/huts constructed by the petitioner. The reason for the order is that the petitioner has constructed structures/huts in his property without obtaining the requisite permission from the Competent Authority and without applying for conversion of land use. 3. It is an admitted fact that the land in question is an agricultural land. 4. Learned counsel for the petitioner submits that the impugned order has been passed without furnishing the report that allegedly forms the basis for the said order. - 3 - HC-KAR NC: 2025:KHC-D:14079 WP No. 106977 of 2025 5. It is noticed that on earlier occasion, this Court, in a petition filed by the petitioner, had quashed the order passed by respondent No.1 and directed that a fresh enquiry be conducted after issuing due notice to the petitioner. 6. It is not in dispute that such notice was issued to the petitioner. The petitioner has placed on record certain documents pertaining to the conversion of land as well as the permission obtained for putting up the structures. 7. Annexure-C is the no objection certificate issued on 20.12.2024. In terms of the said certificate, the Panchayat has given no objection to avail electricity connection to the property bearing Sy.No.1/2 measuring 01 acre 03 guntas of Anegundi village subject to necessary approval by the Hampi World Heritage Area Management Authority Act, 20021. It is further stated that no objection to avail electricity supply is for dairy farming. 1 Hereinafter referred to as the ‘HWHAMA Act’ - 4 - HC-KAR NC: 2025:KHC-D:14079 WP No. 106977 of 2025 8. To the pointed question put by the Court as to whether the petitioner has applied for conversion of the land, it is stated that no application has been filed for conversion of land use. 9. The law does not permit to use of an agricultural land for non-agricultural purpose, unless it is duly converted by the Competent Authority. Since permission sought by the petitioner has been rejected by the HWAHAMA vide Annexure-A1 dated 8.9.2025, in the present case, the structures put up on the agricultural land are prima facie illegal and are liable to be removed. 10. Learned counsel for the petitioner contends that applications for conversion of land was submitted on 21.05.2025 and 12.08.2025 to respondent No.1 marked as Annexures-J and N, seeking conversion of the land for residential purpose. 11. It is noticed that the HWAHAMA, who is the Competent Authority to grant permission for conversion of land, has rejected the permission sought for conversion of land. Admittedly, no permission has been granted as on date. Under the HWHAMA - 5 - HC-KAR NC: 2025:KHC-D:14079 WP No. 106977 of 2025 Act, there is no deemed permission, in case the application has not been considered within a particular period of time. 12. Under these circumstances, the impugned order cannot be said to be contrary to law. 13. Accordingly, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1