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2026 DAILYLAW 53684 (KAR)

SMT SHASHIKALA W/O. MADHUKAR KADAM v. THE DEPUTY COMMISSIONER

WP/100126/2025 · 2026-01-20

Lalitha Kanneganti

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:594 WP No. 100126 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO. 100126 OF 2025 (KLR-CON) BETWEEN: SMT. SHASHIKALA W/O. MADHUKAR KADAM, AGE. 74 YEARS, OCC. HOUSEHOLD WORK, R/O. 2ND CROSS, BHAGYANAGAR, BELAGAVI-590006. - PETITIONER (BY SRI. SANGRAM S.KULKARNI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BELAGAVI-590001. 2. THE COMMISSIONER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, ASHOK NAGAR, BELAGAVI-590016. 3. THE TOWN PLANNING MEMBER/OFFICER, BELAGAVI URBAN DEVELOPMENT AUTHORITY, ASHOK NAGAR, BELAGAVI-590016. - RESPONDENTS (BY SMT. GIRIJA S.HIREMATH, HCGP FOR R1; SRI. GURUDEV I.GACHCHINMATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED NOC DATED 28.03.2024 ISSUED BY RESPONDENT NO.1 DEPUTY COMMISSIONER, BELAGAVI DISTRICT, VIDE ANNEXURE-E BEARING NO.¨É£À¥Áæ/AiÉÆÃ/©±ÉÃ/¹.Dgï-225/23-24 AND ETC.,. Digitally signed by YASHAVANT NARAYANKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC-D:594 WP No. 100126 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “Wherefore it is most humbly prayed to this Hon’ble high Court to: [1] Issue a writ of certiorari and quash the impugned NOC dated 28/03/2024 issued by respondent No.1 Deputy Commissioner, Belagavi District, vide Annexure-E bearing No. .¨É£À¥Áæ/AiÉÆÃ/©±ÉÃ/¹.Dgï-225/23-24. [2] issue any other writ, order or direction to which the petitioner is found entitled to in the present facts and circumstances.” 2. The learned counsel appearing for the petitioner submits that in a similar set of facts, Writ Petition No.107989/2024 was disposed of by a Co-ordinate Bench of this Court by setting aside the impugned order and the matter was remitted to the Deputy Commissioner to take appropriate action on the application filed by the petitioner for conversion after issuing notice to produce relevant records. The Co-ordinate Bench also observed that if it is found that the petitioner's land therein is similar to the land in - 3 - HC-KAR NC: 2026:KHC-D:594 WP No. 100126 of 2025 Survey No. 612/3, a similar order be passed in respect of Survey No. 612/3, otherwise eligible in all other aspects and the exercise shall be completed within 2 months from the date of receipt of the copy of the order. Learned counsel for the petitioner submits that similar order may be passed in this writ petition. 3. Having heard the learned counsel for the petitioner and learned H.C.G.P. appearing for respondent No.1 and the learned counsel for respondent No.3, perused the order passed by the Co-ordinate Bench in W.P. No. 107989/2024 dated 15.10.2025. 4. The petitioner’s land is situated in Sy. No. 612/2 measuring 20 guntas 12 annas situate at Belagavi. The land in Sy. No. 612/3 is ordered to be converted for industrial use. The application filed by the petitioner for conversion of land is not rejected on merits but it is rejected for not furnishing the records. Under these circumstances, this Court is of the view that impugned order is not sustainable. Hence this Court is passing the following: - 4 - HC-KAR NC: 2026:KHC-D:594 WP No. 100126 of 2025 ORDER (i) The impugned NOC dated 28/03/2024 issued by respondent No.1 Deputy Commissioner, Belagavi at Annexure-E is set aside. (ii) The matter is remitted back to the respondent No.1/Deputy Commissioner to take appropriate action on the application filed by the petitioner for conversion, after issuing notice to produce the relevant records. (iii) If it is found that the petitioner’s land is similar to land bearing Sy. No. 612/3, a similar order be passed in respect of Sy. No. 612/2 otherwise eligible in all other respects. (iv) The exercise shall be completed within two months from the date of receipt of the copy of the order. (v) Accordingly, the writ Petition is partly allowed. (vi) All I.As. in this petition shall stand closed. SD/- JUSTICE LALITHA KANNEGANTI BVV CT: UMD/ List No.: 1 Sl No.: 40