- 1 - HC-KAR NC: 2025:KHC-D:13913 WP No. 107989 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 107989 OF 2024 (KLR-CON) BETWEEN: KUMARI SOJWAL D/O. VINAYAK PATIL, AGE. 29 YEARS, OCC. STUDENT, R/O. 2ND CROSS, BHAGYANAGAR, BELAGAVI-590 006. … PETITIONER (BY SRI. SANGRAM S. KULKARNI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI-590 001. 2. THE COMMISSIONER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, ASHOK NAGAR, BELAGAVI-590 016. 3. THE TOWN PLANNING MEMBER/OFFICER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, ASHOK NAGAR, BELAGAVI-590 016. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED NOC DATED 28/03/2024 ISSUED BY RESPONDENT NO.1 DY. COMMISSIONER, BELAGAVI DISTRICT, BEARING NO.¨É£À¥Áæ/AiÉÆÃ/©±ÉÃ/¹Dgï-225/2023-24 VIDE ANNEXURE-E. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:17 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13913 WP No. 107989 of 2024 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 assailing the order dated 28.03.2024 at Annexure-E rejecting the petitioner's application for conversion of land. 2. Learned counsel for the petitioner would submit that the property in question is Sy.No.612/2 measuring 20 guntas and 12 annas situated in Belgaum Village, Taluk Belgaum. The application is filed for conversion of the land for industrial use. The application is rejected on the premise that despite notice, the petitioner has not furnished the records and not presented himself for spot inspection. 3. Learned counsel for the petitioner would also submit that the adjoining land bearing Sy.No.612/3 belonging to the member of the petitioner's family is converted and document is produced at Annexure-D. Thus, - 3 - HC-KAR NC: 2025:KHC-D:13913 WP No. 107989 of 2024 it is urged that it is a case of discrimination and no notice was issued asking the petitioner to produce the records and to be present for the spot inspection. 4. Learned counsel for the respondents would jointly submit that despite notice given to the petitioner, the petitioner has not furnished necessary records and accordingly the endorsement is rightly issued rejecting the application. 5. This Court considered the contentions raised at the Bar and perused the records. 6. Petitioner’s land is bearing Sy.No.612/2. Annexure-D is relating to the property bearing Sy.No.612/3 is ordered to be converted for industrial use. The application is not rejected on merits. It is rejected for not furnishing the records. Under these circumstances, this Court is of the view that impugned order is not sustainable. Hence, the following: - 4 - HC-KAR NC: 2025:KHC-D:13913 WP No. 107989 of 2024 ORDER (i) Petition is allowed in part. (ii) The impugned order is set aside. (iii) The matter is remitted to the second first respondent-Deputy Commissioner to take appropriate action on the application filed by the petitioner for conversion, after issuing notice to produce relevant records. (iv) If it is found that the petitioner's land is similar to land bearing Sy.No.612/3, the similar order be passed in respect of Sy.No.612/3 otherwise eligible in all other aspects. (v) The exercise shall be completed within two months from the date of the receipt of the copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE NAA CT:BCK LIST NO.: 1 SL NO.: 14