- 1 - HC-KAR NC: 2025:KHC-D:14797 WP No. 106072 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 106072 OF 2024 (KLR-CON) BETWEEN: 1. HANAMANTAPPA S/O BHIMAPPA MYAGERI, AGE. 56 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. TEACHER’S COLONY, BENGERI-580 023, TQ. HUBBALLI, DIST. DHARWAD. 2. SMT. PREMA W/O HANAMANTAPPA MYAGERI, AGE. 45 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. TEACHER’S COLONY, BENGERI-580 023, TQ. HUBBALLI, DIST. DHARWAD. 3. SHRI KUMAR S/O HANAMANTAPPA MYAGERI, AGE. 34 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. TEACHER’S COLONY, BENGERI-580 023, TQ. HUBBALLI, DIST. DHARWAD. … PETITIONERS (BY SRI. SHRIHARSH A. NEELOPANT, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580 001, TQ/DIST. DHARWAD. 2. THE COMMISSIONER, HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, NAVANAGAR-580 005, TQ. HUBBALLI, DIST. DHARWAD. 3. THE ASSISTANT DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14797 WP No. 106072 of 2024 DHARWAD ZONE, MINI VIDHAN SOUDHA, DHARWAD-580 008. 4. THE ADDITIONAL DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, DHARWAD ZONE, MINI VIDHAN SOUDHA, DHARWAD-580 008. 5. THE TAHASILDAR, HUBBALLI TALUK, HUBBALLI-580 020, TQ. HUBBALLI, DIST. DHARWAD. 6. THE PANCHAYAT DEVELOPMENT OFFICER, KUSUGAL GRAM PANCHAYAT, KUSUGAL-580 023, TQ. HUBBALLI, DIST. DHARWAD. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5; NOTICE TO R6 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI QUASH THE IMPUGNED ENDORSEMENT BEARING NO.J¯ï.J£ï.J:¹Dgï:01:2023-24 DATED 24.07.2024 ISSUED BY THE 1ST RESPONDENT REJECTING THE CLAIM OF THE PETITIONERS FOR CONVERSION OF THE LAND USE FROM RESIDENTIAL PURPOSE TO COMMERCIAL PURPOSE AS PER ANNEXURE-A TO A2 RESPECTIVELY ISSUED TO THE PETITIONERS AND TO ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CHANGE THE LAND USE FROM RESIDENTIAL TO COMMERCIAL IN RESPECT OF THE PLOT NO.50, 51, 52, 53 AND 54 COMPRISING OF R.S NO.811/B OF KUSUGAL VILLAGE COMING UNDER HUBBALLI TALUKA OF DHARWAD DISTRICT BY CONSIDERING THE REPRESENTATIONS DATED 01.01.2024 AS PER ANNEXURE-N TO N2 RESPECTIVELY. - 3 - HC-KAR NC: 2025:KHC-D:14797 WP No. 106072 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) Heard the learned counsel appearing for the petitioners and also the learned Additional Government Advocate appearing for respondents No.1 to 5. 2. The petitioners seek to challenge the endorsement at Annexure-A dated 24.07.2024 wherein the petitioners’ application for conversion of land is rejected by the Deputy Commissioner. 3. Learned counsel for the petitioners would submit that the Deputy Commissioner has not considered their application on merit and has rejected the same on erroneous ground. It is his further submission that the land is outside the Town Planning limit, as such, the application for conversion of land from residential use to commercial use has to be considered by the Deputy Commissioner and Deputy Commissioner has to pass the order on merits. - 4 - HC-KAR NC: 2025:KHC-D:14797 WP No. 106072 of 2024 4. Learned Government Advocate on the other hand would submit that the petitioners on earlier occasion had filed Writ Petition No.105911/2023 and in the said petition, this Court has held that the petitioners cannot seek conversion of the residential site for commercial use and has dismissed the petition. 5. Learned counsel for the petitioners by way of reply would contend that subsequently a Co-ordinate Bench of this Court in another petition pertaining to some other property has taken a view that in case, the property is outside the Town Planning limit, the conversion of residential use to commercial use can be permitted provided the party makes an application to the Competent Authority. 6. This Court has considered the contentions raised at the Bar and perused the records. 7. As rightly contented by the learned Additional Government Advocate, the petitioners’ claim for conversion of land use from residential use to commercial use is rejected by this Court in W.P.No.105911/2023. Now the petitioners pray for - 5 - HC-KAR NC: 2025:KHC-D:14797 WP No. 106072 of 2024 conversion of the same property for commercial use without challenging the said order and places reliance on the Co-ordinate Bench judgment of this Court in another matter. 8. This Court is of the view that as long as the order dated 12.10.2023 in W.P.No.105911/2023 is assailed in the manner known to law, the petitioners cannot seek conversion of the land by relying on its subsequent interpretation by the Co- ordinate Bench of the Court in another matter not connected to petition property. 9. Hence, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 25