- 1 - HC-KAR NC: 2026:KHC-D:694 WP No. 100064 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 21ST DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100064 OF 2026 (LB-RES) BETWEEN: SHRI. SHARAD S/O. BALAKRISHNARAO SAGAR AGE: 63 YEARS, OCC: BUSINESS, 14TH CROSS, MARATHA COLONY, DHARWAD-580008. …PETITIONER (BY SRI. DINESH M.KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS UNDE SECRETARY TO DEPARTMEN OF URBAN DEVELOPMENT, VIKAS SOUDHA, AMBEDKAR VEEDI, BENGALURU-01. 2. HUBBALLI DHARWAD MUNICIPAL CORPORATION LAMINGTON ROAD, HUBBALLI, DIST. DHARWAD-580020, REPRESENTED BY ITS COMMISSIONER. 3. THE DEPUTY DIRECTOR TOWN PLANNING DIVISION, H.D.M.C, JUBILEE CIRCLE, DHARWAD-580001. 4. HUBBALLI DHARWAD DEVELOPMENT AUTHORITY, NAVANAGAR HUBBALLI, DIST. DHARWAD-580025, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R2 AND R3; SRI. MADANMOHAN M.KHANNUR, ADVOCATE FOR R4) MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:36:01 +0530 - 2 - HC-KAR NC: 2026:KHC-D:694 WP No. 100064 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE ENDORSEMENT BEARING NO. £ÀA.ºÀÄzsÁªÀÄ¥ÁºÀÄ/51/ªÀiÁ.ºÀ./2025-26/657 DATED 23.12.2025 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-C AS NULL AND VOID; TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 AND 3 TO ISSUE BUILDING PERMISSION TO THE PETITIONERS BY ACCEPTING THE APPLICATION DATED 25.10.2025, ANNEXURE-B AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Heard Sri Dinesh M. Kulkarni, learned counsel for the petitioner, learned Additional Government Advocate for respondent No.1, Sri G.I.Gachchinamath, learned counsel for respondent Nos.2 and 3 and Sri Madanmohan M.Khannur, learned counsel for respondent No.4. 2. The petitioner has called in question the endorsement dated 23.12.2025 issued by respondent No.3, the Deputy Director, Town Planning Division, H.D.M.C., (“the Corporation” for short), wherein the Corporation insisting the petitioner to surrender the land on free of costs to obtain building permission. - 3 - HC-KAR NC: 2026:KHC-D:694 WP No. 100064 of 2026 3. Learned counsel for the petitioner submits that imposition of such a condition is not justifiable and the said condition cannot be imposed without initiating the acquisition proceedings. In terms of the endorsement, the application submitted by the petitioner seeking permission for building was rejected on the premise that the application will be considered after the petitioner surrenders a certain extent of land on free of costs in favour of the respondent/Corporation. 4. Learned counsel for the petitioner submits that, the issue involved in this writ petition is squarely covered by the decision of the Co-ordinate Bench of this Court in the case of Sri B.K.Thyagaraj and Another Vs. The State of Karnataka and Others1 (B.K.Thyagaraj) and Sri D. Sundara Rami Reddy Vs. State of Karnataka and Others2 (Sundara Rami Reddy) and further submits that the Co-ordinate Bench of this Court referring to the 1 W.P.No.17302/2023 2 W.P.No.4217/2025 - 4 - HC-KAR NC: 2026:KHC-D:694 WP No. 100064 of 2026 judgment of the Apex Court in the case of T.Vijayalakshmi and Others Vs. Town Planning Member and Another3, (T.Vijayalakshmi) wherein it has held that there cannot be a direction to surrender the land free of costs, has quashed the endorsement issued by the corporation He further submits that, considering all the aforesaid judgments another Co-ordinate Bench of this Court in the case of Santosh Maruti Kalal Vs. The State of Karnataka and others4 (Santosh Maruti Kalal) and in the case of Sri Prasanna and Another Vs. The State of Karnataka and others5 (Prasanna) similar endorsement issued by the same Corporation has been quashed. 5. The issue involved in this writ petition is squarely covered by the decision of the Apex Court in the case of T.Vijayalaxmi and by the Co-ordinate Bench of this Court in the cases of B.K.Thyagaraj, Sundara Rami Reddy, Santosh Maruti Kalal and Prasanna. The law laid down 3 (2006) 8 SCC 502 4 W.P.No.105273/2025 5 W.P.No.109014/2025 - 5 - HC-KAR NC: 2026:KHC-D:694 WP No. 100064 of 2026 is that the authority cannot insist for surrender of land free of costs without initiating any acquisition proceedings. For the foregoing reasons, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned endorsement dated 23.12.2025 issued by the respondent No.3 (Annexure-C) is hereby quashed. iii. The respondents are directed to issue building permission subject to the petitioner fulfilling other requirements under law within one month. Sd/- JUSTICE K.S.HEMALEKHA EM Ct:VH List No.: 1 Sl No.: 19