- 1 - HC-KAR NC: 2025:KHC-D:18309 WP No. 104147 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 104147 OF 2025 (LB-RES) BETWEEN: 1. M/S BHAVANI PROPERTIES A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNER SRI. AMAR HABIB W/O PARASHURAM, AGED ABOUT 39 YEARS, OCC: BUSINESS, R/O: PLOT NO 1, OPP. HEBBALLI BADAVANE, KUMAR VYAS NAGAR, VIDYANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD 580021 2. SHYAM S/O RAMANATHSA HABIB AGED ABOUT 60 YEARS, OCC: AGRICULTURE, R/O: PLOT NO.1 OPPOSITE KHODAY HOSTEL, PRASHANTH COLONY, VIDYA NAGAR HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD 580021 3. AMAR HABIB S/O RAMANATHSA HABIB AGED ABOUT 39 YEARS, OCC: BUSINESS, R/O: PLOT NO 1, OPPOSITE HEBBALLI BADAVANE, KUMAR VYAS NAGAR, VIDYANAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD 580021 …PETITIONERS (BY SRI. ARAVIND D. KULKARNI, ADVOCATE) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.19 16:10:03 +0530 - 2 - HC-KAR NC: 2025:KHC-D:18309 WP No. 104147 of 2025 AND: THE HUBBALLI DHARWAD URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS COMMISSIONER, P B ROAD, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD 580020 …RESPONDENT (BY SRI. GURUDEV GACHCHINAMATH, ADV.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED RESOLUTION DATED 07-12- 2024 BEARING SUBJECT NO. 21(03) BEARING NO. HU.DA.NA.PRA:MAA.SA.NA/2024-25/4315 PRODUCED AS ANNEXURE F AND THE IMPUGNED ORDER DATED 04.03.2025 BEARING NO. YOO.VI/VINYASA/127/2023-24/5321 PRODUCED AS ANNEXURE F1 ISSUED BY THE RESPONDENT RESPECTIVELY; ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT TO GRANT THE APPROVAL TO FORM THE RESIDENTIAL TO THE LANDS OF THE PETITIONERS BEARING SY. NO. 752/1 MEASURING 4 ACRES 1 GUNTA AND SY. NO. 758/2 MEASURING 1 ACRE 7 GUNTAS, LAND BEARING SY. NO. 752/2 MEASURING 1 ACRE 16 GUNATS 9 ANNAS AND SY. NO. 752/5 MEASURING 2 ACRE 2 GUNTAS ANNAS, LAND BEARING SY. NO. 758/1 MEASURING 1 ACRE 1 GUNTAS ALL SITUATED AT UNAKAL VILLAGE, TQ: HUBLI, DIST: DHARWAD; GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT UNDER THE CIRCUMSTANCES OF THE PRESENT CASE INCLUDING AN ORDER OF COSTS MAY KINDLY BE PASSED AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18309 WP No. 104147 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned Senior counsel appearing for the petitioner and the learned counsel for sole respondent. 2. This petition is filed assailing the resolution dated 07.12.2024 passed by the sole respondent which is marked at Annexure - F and the order dated 04.03.2025 marked at Annexure - F1 issued by the respondent. A direction is also sought to direct the respondent to approve the residential layout formed by the petitioners in Survey Nos. 752/1 measuring 4 acres 1 gunta, 758/2 measuring 1 acre 7 guntas, 752/2 measuring 1 acre 16 guntas, 9 annas, 752/5 measuring 2 acres 2 guntas 8 annas and 758/1 measuring 1 acre 1 gunta in Unkal Village, Taluk Hubbali. 3. Learned Senior Counsel appearing for the petitioners would submit that the layout is duly formed in the aforementioned properties. It is further submitted that the land is duly converted for residential use and when the layout is submitted for approval in terms of the impugned resolution, the respondent has held that the layout cannot be permitted since - 4 - HC-KAR NC: 2025:KHC-D:18309 WP No. 104147 of 2025 the property in the Unkal pond catchment area. Learned Senior Counsel would submit that in the master plan the property is not earmarked as the catchment area. And it is his further submission that in the master plan the aforementioned survey numbers would fall in the area earmarked for residential purpose. 4. Learned respondent would refer to the Zonal Regulations, 2018 prepared by The Hubli Dharwad Urban Development Authority. Referring to the said Regulations, it is contented that in Unkal lake area reserved as catchment, and the development should not be allowed for change of land use. 5. It is required to be noticed that there is already an order of conversion. In the regulation it is not specified as to which are the survey numbers which are falling within that Unkal Lake catchment area. 6. Hence the following: ORDER (i) Writ petition is allowed in part. (ii) The impugned resolution is set aside. - 5 - HC-KAR NC: 2025:KHC-D:18309 WP No. 104147 of 2025 (iii) The matter is remitted to the respondent for fresh consideration in accordance with law. (iv) The exercise shall be completed within 60 days from the date of receipt of the copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN/CT-CNB List No.: 1 Sl No.: 92