- 1 - HC-KAR NC: 2025:KHC-D:18322 WP No. 109517 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 16TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.109517 OF 2025 (KLR-RR/SUR) BETWEEN: SUDHABAI W/O. MADAVRAO HANAGAL AGE: 79 YEARS, OCC: BUSINESS, R/O. ANNADANESHWAR NAGARA, MUNDARAGI, R/BY GPA HOLDER, NAGRAJ S/O. MADAVRAO HANGAL, AGE: 47 YEARS, OCC: BUSINESS, R/O. ANNADANESHWAR NAGARA, MUNDARAGI, TQ: MUNDARAGI, DIST: GADAG-582118. …PETITIONER (BY SMT. YALAGI KAVYA SHIVAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA R/BY ITS HOUSING AND DEVELOPMENT DEPARTMENT, DR. AMBEDKAR VIDHI, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER DIST: GADAG-582103. 3. THE ASSISTANT DIRECTOR TOWN AND RURAL PLANNING DEPARTMENT, GADAG BETAGERI, DIST: GADAG-582103. 4. THE CHIEF OFFICER TMC, MUNDARAGI, DIST: GADAG-582118. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 TO R3) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.18 15:23:20 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18322 WP No. 109517 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO OR ANY OTHER APPROPRIATE WRIT AND DIRECT THE RESPONDENTS TO TRANSFER THE DESIGNATED PROPERTY BEARING PLOT NO.1 AND 41 IN SY. NO.306, 307 AND 311 SITUATED WITHIN THE LIMITS OF MUNDARAGI TMC PRODUCED AT ANNEXURE-A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Learned Additional Government Advocate accepts notice on behalf of respondents No.1 to 3. 2. This petition is filed seeking writ of mandamus to direct the respondents to transfer the property bearing Plots No.1 and 41 in Sy.Nos.306, 307 and 311 situated within the limits of Mundaragi Town Municipal Council. 3. Annexure-A is the order permitting the conversion. 4. Learned counsel for the petitioner submits that there is no dispute that Plots No.1 and 41 referred to above are meant for civic community sites as per the approved - 3 - HC-KAR NC: 2025:KHC-D:18322 WP No. 109517 of 2025 layout plan. The approved layout plan is not produced before this Court. However, since it is stated that these are the two plots earmarked as civic community sites, the petitioner makes a request to return the sites to the petitioner on the premise that the sites have not been utilized for the purpose for which it is earmarked. 5. Learned counsel for the petitioner would refer to the judgment of the Co-ordinate bench of this Court in Late H.H.Jyotendra Sinhji Vikramsinhji represented by his LRs’ vs State of Karnataka and others1 to contend that in case the property is not utilised for the purpose for which it is earmarked, then the property has to be returned to the owner. 6. This Court has considered the contentions raised at the Bar and perused the records. 7. The judgment referred to above is in respect of the property earmarked in a master plan and not relating to 1 W.P.No.1678/2015, (DD:-15.12.2023) - 4 - HC-KAR NC: 2025:KHC-D:18322 WP No. 109517 of 2025 a layout where the property is earmarked as a civic amenities site. 8. Under these circumstances, no case is made out to grant the relief, as no provision of law provides for such transfer. 9. The petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:VH List No.: 1 Sl No.: 15