SHRI RUP KUMAR BISHWAS S/O SHRIKANT BISHWAS v. THE COMMISSIONER
WP/106715/2025 · 2025-10-16
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 61956 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 61956 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:14076 WP No. 106715 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. 106715 OF 2025 (LB-UC) BETWEEN:
SHRI RUP KUMAR BISHWAS S/O SHRIKANT BISHWAS, AGE. 36 YEARS, OCC. AGRICULTURE, R/O. BANGALI CAMP JAVALAGERA, TQ. SINDHANUR, NOW RESIDING AT HANUMANAHALLI, TQ. GANGAVATHI, DIST. KOPPAL-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, GRAMPANCHAYAT SANAPURA, 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
ORDER BEARING NO.ºÀ«¥À¥À椥ÁæPÀ/£Áå.¥Àæ./2025/851 ¢£ÁAPÀ 26.08.2025 VIDE ANNEXURE-A, IN THE INTEREST OF JUSTICE AND EQUITY.
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH
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HC-KAR NC: 2025:KHC-D:14076 WP No. 106715 of 2025
THIS 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 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.
3. The reason assigned 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.
4. It is an admitted fact that the land in question is an agricultural land.
5.
Learned counsel for the respondents has produced the photographs along with the statement of objections marked at Annexure-R1-B.
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HC-KAR NC: 2025:KHC-D:14076 WP No. 106715 of 2025
6.
Learned counsel for the petitioner submits that the structures as in the said photographs are the structures built in the petitioner’s property.
7.
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.
8. It is not in dispute that before passing the impugned
order noticed was issued to the petitioner. Admittedly there are few structures in the petitioner property. Petitioner has not produced any records to show that land is converted for non- agricultural use.
9. It is noticed that the HWHAMA, the Competent Authority to grant permission for conversion of land, has not granted any permission for conversion of land use.
10. To the pointed question put by the Court as to whether the petitioner has applied for conversion of the land, it is submitted that no application is filed for conversion of land use.
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HC-KAR NC: 2025:KHC-D:14076 WP No. 106715 of 2025
11. The law does not permit to use of an agricultural land for non-agricultural purpose, unless it is duly converted by the Competent Authority.
12. Admittedly, the petitioner has not filed an application seeking for conversion of land for commercial use.
13. Under these circumstances, the impugned order cannot be said to be contrary to law.
14. As already noticed, there is no permission for conversion of land for commercial use. Hence, this Court does not find any reason to interfere with the said order.
15. Accordingly, the writ petition is dismissed.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
PMP CT:BCK LIST NO.: 1