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2026 DAILYLAW 52540 (KAR)

SMT ANURADAHA MAHANTESH KOKAKLAKI v. THE STATE OF KARNATAKA

WP/100766/2026 · 2026-02-05

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:1659 WP No. 100766 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 5TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 100766 OF 2026 (KLR-CON) BETWEEN: 1. SMT. ANURADAHA MAHANTESH KOKAKLAKI AGE: 46 YEARS, OCC: HOUSEHOLD, R/O. ICHALKARANGI, TAL: HATHKANAGALE, DIST: KOLHAPUR-416115. 2. SMT. SARIKA PRAVEEN MANE AGE: 36 YEARS, OCC: HOUSEHOLD, R/O. ICHALKARANGI, TAL: HATHKANAGALE, DIST: KOLHAPUR-416115. 3. SMT. SINDHU NARAYAN PAWAR AGE: 55 YEARS, OCC: HOUSEHOLD, R/O. ICHALKARANGI, TAL: HATHKANAGALE, DIST: KOLHAPUR-416115. 4. SANJAY LAXMAN SATIJA AGE: 42 YEARS, OCC: HOUSEHOLD, R/O. ICHALKARANGI, TAL: HATHKANAGALE, DIST: KOLHAPUR-416115. 5. SATISH MAHADEV JHANJAGE AGE: 45 YEARS, OCC: AGRICULTURE, R/O. ICHALKARANGI, TAL: HATHKANAGALE, DIST: KOLHAPUR-416115. 6. NILESH DILEEP BHOSALE AGE: 30 YEARS, OCC: AGRICULTURE, R/O. ICHALKARANGI, TAL: HATHKANAGALE, DIST: KOLHAPUR-416115. …PETITIONERS (BY SRI. RAMESH I. ZIRALI, ADVOCATE) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:29:51 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1659 WP No. 100766 of 2026 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI, DIST: BELAGAVI-590001. 3. THE ASSISTNAT DIRECTOR URBAN AND RURAL PROJECT DEPARTMENT, NIPANI, TAL: NIPANI, DIST: BELAGAVI-591237. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED REPORT BEARING NO. NAGRAYOSANINI/BHU.PA-591/2025-26:2225 DATED 10.12.2025 SUBMITTED BY THE 3RD RESPONDENT VIDE ANNEXURE-B; ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE 3RD RESPONDENT TO SUBMIT A FRESH REPORT TO THE 2ND RESPONDENT AFTER HOLDING SPOT INSPECTION OF LAND BEARING R.S.20/B/1A SITUATED AT BORGAON VILLAGE, TAL. NIPPANI, DIST. BELAGAVI, TO MEET THE ENDS OF JUSTICE AND EQUITY 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 - 3 - HC-KAR NC: 2026:KHC-D:1659 WP No. 100766 of 2026 ORAL ORDER 1. Learned Addl. Government Advocate accepts notice for the respondents. 2. The petitioners have approached this Court seeking to quash the impugned report dated 10.12.2025 submitted by respondent No.3 (Annexure-B) to respondent No.2 and for consequential direction to reconsider their application for conversion of lands. 3. Heard learned counsel for the petitioners and learned Addl. Government Advocate appearing for the respondents. 4. Brief facts of the case: 4.1. The petitioners claim to be the owners of land bearing R.S.No.20B/1A measuring 5 acres 8 guntas, situated at Borgaon Town Village, Nippani Taluk, Belagavi District. - 4 - HC-KAR NC: 2026:KHC-D:1659 WP No. 100766 of 2026 4.2. The petitioners submitted an application dated 30.10.2025 seeking conversion of said land from agricultural to non-agricultural (industrial) purposes. 4.3. Respondent No.3 submitted a report to respondent No.2 dated 10.12.2025 (Annexure-B) stating that the road abutting the petitioner’s land does not have a width of 12 metres, which is a requirement under the relevant Rules governing conversion. 4.4. Aggrieved by the said report, the petitioners are before this Court. 5. Learned counsel for the petitioners draws the attention of the Court to Annexure-D, being the letter issued by the Assistant Executive Engineer dated 23.01.2026 and submits that the said communication clearly certifies that the petitioners’ land abuts State Highway No.78 and the width of the road is 12 metres. It is contended that the impugned report is contrary to the - 5 - HC-KAR NC: 2026:KHC-D:1659 WP No. 100766 of 2026 Spot Inspection Report. It is further submitted that adjoining lands bearing R.S.Nos.20/B/1B, 20/B/1C and 20/B/1D, have already been granted conversion orders by respondent No.2, as evidenced by Annexures-F, G and H and the access to those lands is through the very same road. 6. Learned Addl. Government Advocate appearing for the State sought to justify the impugned report. 7. This Court has carefully considered the rival contentions and perused the material placed on record. 8. It is not in dispute that the conversion order has been granted in respect of the adjoining lands bearing R.S.Nos.20/B/1B, 20/B/1C and 20/B/1D. The documents placed on record indicate that the access to those lands is through the same road, which provides access to the petitioners’ lands. The Spot Inspection Report dated 23.01.2026 issued by the - 6 - HC-KAR NC: 2026:KHC-D:1659 WP No. 100766 of 2026 Assistant Executive Engineer specifically states that the petitioners’ land abuts State Highway No.78 and that the width of the road is 12 metres. 9. In light of the said material, the impugned report dated 10.12.2025 submitted by respondent No.3, stating that the road does not satisfy the requirement of 12 meters width, cannot be sustained. Accordingly, this Court pass the following: ORDER i. The writ petition is allowed. ii. The impugned report dated 10.12.2025 submitted by respondent No.3 (Annexure-B), is hereby quashed. iii. Respondent No.3 is directed to reconsider petitioners’ application for conversion, taking into consideration: - 7 - HC-KAR NC: 2026:KHC-D:1659 WP No. 100766 of 2026 (a) Conversion orders granted in favour of the adjoining landowners (Annexures-F, G and H) and, (b) The Spot Inspection Report dated 23.01.2026 issued by the Assistant Executive Engineer and pass appropriate orders in accordance with law, within a period of four (4) weeks from the date of receipt of a certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 18