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High Court of Karnataka · body

2025 DAILYLAW 8099 (KAR)

THE STATE OF KARNATAKA, v. SHRI JAYYED AHMED S/O IMTIYAZ AHMED SAMSI

WA/100010/2025 · 2025-02-12

B M Shyam Prasad, Ramachandra D Huddar

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR WRIT APPEAL NO. 100598 OF 2024 (KLR-CON) C/W WRIT APPEAL NO. 100562 OF 2024 WRIT APPEAL NO. 100563 OF 2024 WRIT APPEAL NO. 100599 OF 2024 WRIT APPEAL NO. 100600 OF 2024 WRIT APPEAL NO. 100607 OF 2024 WRIT APPEAL NO. 100610 OF 2024 WRIT APPEAL NO. 100612 OF 2024 WRIT APPEAL NO. 100613 OF 2024 WRIT APPEAL NO. 100614 OF 2024 WRIT APPEAL NO. 100634 OF 2024 WRIT APPEAL NO. 100637 OF 2024 WRIT APPEAL NO. 100642 OF 2024 WRIT APPEAL NO. 100644 OF 2024 WRIT APPEAL NO. 100655 OF 2024 WRIT APPEAL NO. 100656 OF 2024 WRIT APPEAL NO. 100006 OF 2025 WRIT APPEAL NO. 100010 OF 2025 WRIT APPEAL NO. 100012 OF 2025 Digitally signed by SHAKAMBARI Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS WRIT APPEAL NO. 100013 OF 2025 WRIT APPEAL NO. 100014 OF 2025 WRIT APPEAL NO. 100015 OF 2025 WRIT APPEAL NO. 100031 OF 2025 IN WRIT APPEAL NO.100598 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, M.S. BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, D C COMPOUND DHARWAD-580001. …APPELLANTS (BY SRI. GANGADHAR J. M, AAG; A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SASMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100055/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS IN WRIT APPEAL NO.100562 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, M. S. BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, D C COMPOUND DHARWAD-580001. …APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SASMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS, R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO,ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100067/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WRIT APPEAL NO.100563 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, M. S. BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, D C COMPOUND DHARWAD-580001. … APPELLANTS - 4 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SASMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT CITY PARK SHABARI NAGAR KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO,ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100088/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WRIT APPEAL NO.100599 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, M. S. BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD-580001. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG; A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SASMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) - 5 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100063/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WRIT APPEAL NO.100600 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, M. S. BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD-580001. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG; A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SASMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS, R/O. MANNAT, CITY PARK, SHABARI NAGAR KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100085/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 6 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS IN WRIT APPEAL NO.100607 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SAMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT CITY PARK SHABARI NAGAR KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO,ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100065/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WRIT APPEAL NO.100612 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS - 7 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SAMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT CITY PARK SHABARI NAGAR KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO,ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100059/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WRIT APPEAL NO.100613 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SAMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT,CITY PARK, SHABARI NAGAR, KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) - 8 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO,ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100083/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WRIT APPEAL NO.100614 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SAMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT,CITY PARK, SHABARI NAGAR, KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100070/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 9 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS IN WRIT APPEAL NO.100637 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SAMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING THIS HON BLE COURT TO, A) ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED. 17.01.2024 IN W.P.NO. 100087/2024 (KLR-CON), PASSED BY THE LEARNED SINGLE JUDGE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WRIT APPEAL NO. 100610 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, M.S. BUILDING VIDHNA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD-580001. …PETITIONERS - 10 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SASMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 17.01.2024 IN W.P. NO. 100071/2024 AND ETC. IN WRIT APPEAL NO. 100634 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SHRI. ARBAZ S/O. MOHAMMED ISMAIL SAMSI, AGED ABOUT: 30 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) - 11 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100451/2024 AND ETC. IN WRIT APPEAL NO. 100655 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: 1. SHRI. SUFAJALI S/O. LIYAS AHMED JAVALI, AGED ABOUT: NILL, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. 2. SMT. SUFINAJ D/O. LIYAS AHMED JAVALI, AGED ABOUT: NILL, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENTS (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100437/2024 AND ETC. - 12 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS IN WRIT APPEAL NO. 100656 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SHRI. MANJUNATH S/O SANNAVEERAPPA BANDI, AGED ABOUT: NILL, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100435/2024 AND ETC. IN WRIT APPEAL NO. 100006 OF 2025: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS - 13 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SMT. TASNEEM W/O. MOHAMMED ISMAIL SAMSI, AGED ABOUT NILL YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100438/2024 AND ETC. IN WRIT APPEAL NO. 100010 OF 2025: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SHRI. JAYYED AHMED S/O. IMTIYAZ AHMED SAMSI, AGED ABOUT: 26 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT - 14 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100442/2024 AND ETC. IN WRIT APPEAL NO. 100012 OF 2025: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SHRI. MOHAMMAD ISMAIL S/O. KASHIMSAB SAMSI, AGED ABOUT: 65 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100452/2024 AND ETC. - 15 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS IN WRIT APPEAL NO. 100013 OF 2025: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SHRI. IRFAN AHMED S/O. KASHIMSAB SAMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100459/2024 AND ETC. IN WRIT APPEAL NO. 100014 OF 2025: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS - 16 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SHRI. JUNAID S/O. IMTIYAZ AHMED SAMSI, AGED ABOUT: NILL YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100460/2024 AND ETC. IN WRIT APPEAL NO. 100015 OF 2025: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SHRI. NOORJHAN MOHAMMADSHARIF CHAMUNDI, AGED ABOUT: NILL YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI,DIST: DHARWAD-580023. - 17 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100436/2024 AND ETC. IN WRIT APPEAL NO. 100031 OF 2025: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: SMT. REHANA D/O. IMTIYAZ AHMED SAMSI, AGED ABOUT: 50 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 23.01.2024 IN W.P. NO. 100440/2024 AND ETC. - 18 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS IN WRIT APPEAL NO. 100642 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, MS BUILDING BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. … APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SAMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT CITY PARK SHABARI NAGAR KUSGAL ROAD HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 17.01.2024 IN W.P. NO. 100082/2024 AND ETC. IN WRIT APPEAL NO. 100644 OF 2024: BETWEEN: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY URBAN DEVELOPMENT AUTHORITY, MS BUILDING VIDHANA SOUDHA, BENGALURU-560001. - 19 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS 2. THE DEPUTY COMMISSIONER DHARWAD, DC COMPOUND DHARWAD. …APPELLANTS (BY SRI. GANGADHAR J. M, AAG A/W SRI. PRAVEEN K. UPPAR, AGA) AND: IRFAN AHMED S/O. KASIMSAB SAMSI, AGED ABOUT: 57 YEARS, OCC: BUSINESS R/O. MANNAT, CITY PARK, SHABARI NAGAR, KUSGAL ROAD, HUBBALLI, DIST: DHARWAD. …RESPONDENT (BY SRI. R. H. ANGADI, ADVOCATE) THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO, ALLOW THE WRIT APPEAL AND SET ASIDE THE ORDER DATED 17.01.2024 IN W.P. NO. 100064/2024 AND ETC. THESE WRIT APPEALS, COMING ON FOR PRIMILINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD AND THE HON'BLE MR. JUSTICE RAMACHANDRA D. HUDDAR - 20 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS ORAL COMMON JUDGMENT (PER: THE HON'BLE MR. JUSTICE B.M.SHYAM PRASAD) The respondents in each of these intra-Court appeals have invoked jurisdiction under Article 226 of the Constitution of India essentially for directions to the appellants to consider their applications impugning the respective Endorsement issued to them. The writ Courts, by the impugned orders which are similar in terms, has allowed these writ petitions directing the Jurisdictional Deputy Commissioner [the second appellant] to collect fee as is contemplated under Section 95(7) of the Karnataka Land Revenue Act, 19641 [for short ‘the KLR Act’] to enable deemed conversion/ diversion for extents which are essentially about 5 guntas. The writ Court has further directed these appellants to issue challan within a period of two[2] weeks so that the respondents are able to pay the required conversion fee. 1 The provisions are amended in the year by Act No. 3/ 2023 and 25/2023, but the impugned Endorsements are issued prior to these amendments. - 21 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS Sri. J.M.Gangadhar, the learned Additional Advocate General, proposes to support the appeal contending that the respondents cannot be granted the benefit of deemed approval for diversion / conversion under Section 95 (2) of the KLR Act in view of the Government Order dated 07.12.2021. However, the learned Additional Advocate General cannot dispute that this Government Order is in the context of updating survey records and issuing revenue sketch in Form 11-E and this Government Order does not per se relate to the conversion or diversion. Significantly, the learned Additional Advocate General cannot dispute that each of the lands are within residential zone in the Master Plan published by the concerned Planning Authority, and in that event it must follow that there will be deemed conversion / diversion under the un- amended provisions of the KLR Act. Therefore, this Court must opine that there is no occasion for interference, but this Court must clarify that the deemed approval for diversion/ conversion as is now enabled by the writ Court, and confirmed by this Court, cannot absolve the concerned - 22 - NC: 2025:KHC-D:2750-DB WA No. 100598 of 2024 C/W WA No. 100562 of 2024 AND 21 OTHERS respondents from taking necessary permissions from the Planning Authority under the provisions of the Karnataka Town and Country Planning Act, 1961 if they propose to develop or put construction in these lands. The appeals stand disposed of accordingly, and consequentially, all the pending applications also stand disposed of. Sd/- (B.M.SHYAM PRASAD) JUDGE Sd/- (RAMACHANDRA D. HUDDAR) JUDGE AM/CT:VG LIST NO.: 2 SL NO.: 1