- 1 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100837 OF 2026 (KLR-CON) C/W WRIT PETITION NO.100838 OF 2026 (KLR-CON) IN WP NO.100837 OF 2026: BETWEEN: 1. SHRI. VINAYAK S/O SAHADEV BOBATI, AGE. 44 YEARS, OCC. BUSINESS, R/O. NO.257, 3RD MAIN, 7TH CROSS, SADASHIVA NAGAR, BELAGAVI-590 019, TQ. AND DIST. BELAGAVI. 2. SHRI. SANTOSH S/O SAHADEV BOBATI, AGE. 48 YEARS, OCC. BUSINESS, R/O. NO.257, 3RD MAIN, 7TH CROSS, SADASHIVA NAGAR, BELAGAVI-590 019, TQ. AND DIST. BELAGAVI. … PETITIONERS (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.20 11:35:18 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 CHIEF SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT AND TOWN PLANNING, VIKASA SOUDHA, BENGALURU-560 001. 4. THE DEPUTY COMMISSIONER, UTTARA KANNADA DISTRICT, KARWAR-581 301, TQ. KARWAR, DIST. UTTARA KANNADA. 5. THE ADDITIONAL DEPUTY COMMISSIONER, UTTARA KANNADA DISTRICT, KARWAR-581 301, TQ. KARWAR, DIST. UTTARA KANNADA. 6. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE, SIRSI, SIRSI-581 401, TQ. SIRSI, DIST. UTTARA KANNADA. 7. THE TAHASILDAR, HALIYAL, HALIYA-581 329, TQ. HALIYAL, DIST. UTTARA KANNADA. 8. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS, BELAGAVI, BELAGAVI-590 001, TQ. AND DIST. BELAGAVI. 9. THE TECHNICAL ASSISTANT TO THE OFFICE OF THE DEPUTY COMMISSIONER AND THE EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, KARWAR, KARWAR-590 021, TQ. KARWAR, DIST. UTTARA KANNADA. 10. THE ASSISTANT DIRECTOR OF LAND RECORDS, URBAN SURVEY, HALIYAL-581 329, TQ. HALIYAL, DIST. UTTARA KANNADA. 11. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, SIRSI DIVISION, SIRSI-581 401, TQ. SIRSI, DIST. UTTARA KANNADA. 12. THE ASSISTANT DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, SET BUILDING, BEHIND ROTARY HOSPITAL, - 3 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 SIRSI-581 401, TQ. SIRSI, DIST. UTTARA KANNADA. 13. THE CHIEF OFFICER, MUNICIPAL PLANNING AUTHORITY HALIYAL, (TOWN MUNICIPAL COUNCIL HALIYAL), HALIYAL-581 329, TQ. HALIYAL, DIST. UTTARA KANNADA. 14. THE PROJECT IMPLEMENTATION UNIT, STATE HIGHWAY DEVELOPMENT PROJECT, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS CHIEF PROJECT OFFICER, GROUND FLOOR, PWD ANNEX, K.R. CIRCLE, BENGALURU-560 001. … RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R12; NOTICE TO R13 AND R14 IS DISPENSED WITH V/O/DATED 04.02.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED ENDORSEMENT DATED 23.10.2025 PASSED BY THE RESPONDENT NO.4 IN NO.Dgï.©./J¯ï.J£ï.r-1/¹Dgï/2025-26/E979256 AS PER ANNEXURE-P INSOFAR AS PETITIONERS ARE CONCERNED; CONSEQUENTIALLY A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION BE ISSUED, DIRECTING THE RESPONDENT NO.4 TO CARRYOUT THE CORRECTIONS IN THE NA ORDER DATED 24.04.2017 IN LIGHT OF THE GOVERNMENT ORDER DATED 30.06.2022 AS PER ANNEXURE-E BY CONSIDERING REQUEST LETTER/APPLICATION DATED 05.05.2025 AS PER ANNEXURE-M AND ETC. IN WP NO. 100838 OF 2026: BETWEEN: SMT. SHARADA W/O SAHADEV BOBATI, AGE. 70 YEARS, OCC. HOUSE WIFE, R/O. NO.257, 3RD MAIN, 7TH CROSS, SADASHIVA NAGAR, BELAGAVI-590 019, TQ. AND DIST. BELAGAVI. ... PETITIONER (BY SRI. SUHAS K. HOSAMANI, ADVOCATE) - 4 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-560 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001. 3. THE STATE OF KARNATAKA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, URBAN DEVELOPMENT AND TOWN PLANNING, VIKASA SOUDHA, BENGALURU-560 001. 4. THE DEPUTY COMMISSIONER, UTTARA KANNADA DISTRICT, KARWAR-581 301, TQ. KARWAR, DIST. UTTARA KANNADA. 5. THE ADDITIONAL DEPUTY COMMISSIONER, UTTARA KANNADA DISTRICT, KARWAR-581 301, TQ. KARWAR, DIST. UTTARA KANNADA. 6. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE, SIRSI, SIRSI-581 401, TQ. SIRSI, DIST. UTTARA KANNADA. 7. THE TAHASILDAR, HALIYAL, HALIYA-581 329, TQ. HALIYAL, DIST. UTTARA KANNADA. 8. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS, BELAGAVI, BELAGAVI-590 001, TQ. AND DIST. BELAGAVI. 9. THE TECHNICAL ASSISTANT TO THE OFFICE OF THE DEPUTY COMMISSIONER AND THE EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, KARWAR, KARWAR-590 021, TQ. KARWAR, DIST. UTTARA KANNADA. - 5 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 10. THE ASSISTANT DIRECTOR OF LAND RECORDS, URBAN SURVEY, HALIYAL-581 329, TQ. HALIYAL, DIST. UTTARA KANNADA. 11. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, SIRSI DIVISION, SIRSI-581 401, TQ. SIRSI, DIST. UTTARA KANNADA. 12. THE ASSISTANT DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, SET BUILDING, BEHIND ROTARY HOSPITAL, SIRSI-581 401, TQ. SIRSI, DIST. UTTARA KANNADA. 13. THE CHIEF OFFICER, MUNICIPAL PLANNING AUTHORITY HALIYAL, (TOWN MUNICIPAL COUNCIL HALIYAL), HALIYAL-581 329, TQ. HALIYAL, DIST. UTTARA KANNADA. 14. THE PROJECT IMPLEMENTATION UNIT, STATE HIGHWAY DEVELOPMENT PROJECT, PUBLIC WORKS DEPARTMENT, GOVERNMENT OF KARNATAKA, REPRESENTED BY ITS CHIEF PROJECT OFFICER, GROUND FLOOR, PWD ANNEX, K.R. CIRCLE, BENGALURU-560 001. ...RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA FOR R1 TO R12; NOTICE TO R13 AND R14 IS DISPENSED WITH V/O/DATED 04.02.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE, WRIT OF CERTIORARI OR ANY OTHER ORDER OR DIRECTION, QUASHING THE IMPUGNED ENDORSEMENT DATED 23.10.2025 PASSED BY THE RESPONDENT NO.4 IN NO. Dgï.©./J¯ï.J£ï.r-1 / ¹Dgï / 2025-26/E979256 AS PER ANNEXURE-P; CONSEQUENTIALLY A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION BE ISSUED, DIRECTING THE RESPONDENT NO.4 TO CARRYOUT THE CORRECTIONS IN THE NA ORDER DATED 24.04.2017 IN LIGHT OF THE GOVERNMENT ORDER DATED 30.06.2022 AS PER ANNEXURE-E BY CONSIDERING REQUEST LETTER/APPLICATION DATED 05.05.2025 AS PER ANNEXURE-M AND ETC. - 6 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Both the writ petitions are taken up together, since they involve common questions of facts and law and are disposed of by this common order. 2. The petitioners in both the writ petitions have called in question the endorsement dated 23.10.2025 issued by the Deputy Commissioner, Uttara Kannada District (respondent No.4), whereby the request of the petitioners seeking correction of the non-agricultural conversion order (NA order) dated 24.04.2017 has been rejected and also seek for a consequential direction to Respondent No.4 to carry out necessary correction in the NA order in light of the Government Order dated 30.06.2022. - 7 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 Brief Facts: 3. The petitioners in W.P.100837/2026 claim to be the joint owners of land bearing Sy.No.59/2B measuring 13 guntas 5 annas situated at Haliyal, Uttara Kannada District having purchased the same under the registered sale deed dated 21.11.2001. 4. The petitioner in W.P.100838/2026 claim to be the absolute owner in possession of the land bearing Sy.No.59/2A/1, measuring 24 guntas situated at Haliyal, Uttara Kannada District having purchased under the registered sale deed dated 26.12.2011. 5. The petitioners in both the writ petitions state that the revenue records for in the year 2025-26 stands in their names. The petitioners’ lands were converted for non agricultural/commercial purpose by passing separate orders on 24.04.2017 by the Deputy Commissioner. Subsequently, a portion of the land was proposed to be affected for widening of the State Highway No.93 and - 8 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 corresponding entries and maps came to be reflected in the revenue records. 6. Thereafter the Government of Karnataka issued an order dated 30.06.2022 revising the building control lines along State Highways, as a result of which the extent of land required to be left unutilised by the petitioner stood substantially reduced. Clarifications were issued by the Public Works Department, indicating that the construction would be undertaken by leaving a reduced setback from the existing highway boundary. Pursuant thereto the Municipal Planning Authority accorded provisional approval for the commercial layout on 06.03.2025. In view of the changed policy and factual position, the petitioner sought correction of the earlier NA order to reflect the revised extent of land affected by the State Highway. 7. It is stated that though the reports and the opinions were sought from the subordinate authorities - 9 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 which favoured the consideration of the petitioners’ request, the Deputy Commissioner by the impugned order dated 23.10.2025 rejected the request without assigning any reasons, compelling the petitioners to approach this Court in these writ petitions. 8. Learned counsel for the petitioners submits that the impugned endorsement is arbitrary, non-speaking and passed without application of mind. It is submitted that the correction sought by the petitioners is a consequential administrative correction following the Government Order dated 30.06.2022 and they are not seeking for a fresh order of conversion. It is contended that the competent authority itself has called for reports and when such reports have favoured the petitioners, the Deputy Commissioner could not have rejected the application mechanically. 9. Per contra, learned Additional Government Advocate seeks to justify the endorsement issued by the - 10 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 Deputy Commissioner and submits that at the time of conversion order in the year 2017, the petitioners have agreed to leave certain extent of lands as setback. 10. This Court has carefully considered the contentions urged and perused the material on record. 11. It is undisputed that land of the petitioners were converted into non-agricultural land vide order of the Deputy Commissioner on 24.04.2017. It is also not in dispute that subsequent to the said conversion, the Government issued a policy decision on 30.06.2022, revising the building control lines along the State Highways, which has a direct bearing on the extent of land required by the land owners, abutting such highways. 12. The material on record discloses that the petitioners’ request for correction of NA order was examined at different levels and the report was called for from the subordinate authorities. The said reports prima facie indicated that the correction of NA Order could be - 11 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 considered in view of the changed policy and factual position, the correction of the NA Order to the extent of the land as per the Government Order dated 30.06.2022. However, the impugned order dated 23.10.2025 does not advert to any of these materials. The endorsement neither refers to the Government Order dated 30.06.2022 nor the reports obtained nor does it assign any reason, whatsoever for rejecting the claim of the petitioners. The correction sought by the petitioners is not in the nature of substantive adjudication of title or grant of a new right, but it is only a request and for an alignment of the earlier NA Order with subsequent Government policy dated 30.06.2022. 13. Under these circumstances, the authority is duty bound to look into the entire material and consider the request objectively. Having failed to do so, the impugned endorsement passed by respondent No.4 dated 23.10.2025 is unsustainable in law. - 12 - HC-KAR NC: 2026:KHC-D:2103 WP No. 100837 of 2026 C/W WP No. 100838 of 2026 14. Accordingly, this Court pass the following: ORDER i. Both the writ petitions are allowed. ii. The impugned endorsement dated 23.10.2025 issued by respondent No.4 Deputy Commissioner in both the writ petitions are hereby quashed. iii. Respondent No.4 is directed to reconsider the petitioners’ applications dated 05.05.2025 seeking correction of the NA Order dated 24.04.2017, strictly in light of the Government Order dated 30.06.2022, the reports, opinions given by the planning authorities, which are placed on record and the present extent of land proposed for acquisition, if any. iv. The entire exercise shall be completed within 4 weeks from the date of receipt of the copy of this order. Sd/- JUSTICE K.S.HEMALEKHA EM CT:VH LIST NO.: 1 SL NO.: 24