- 1 - HC-KAR NC: 2026:KHC-D:1382 WP No. 109823 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109823 OF 2025 (LA-UDA) BETWEEN: 1. SMT. MADHAVI W/O. YUVARAJ CHAVAN PATIL, AGE: 39 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. 275/B, PATIL GALLI, VADAGAON-590005, BELAGAVI. 2. SMT. POOJA W/O. JAGANNATH PATIL, AGE: 37 YEARS, OCC: AGRICULTURE AND BUSINESS, R/O. 275/B, PATIL GALLI, VADAGAON-590005, BELAGAVI. …PETITIONERS (BY SRI. SANTOSH B.RAHUT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560001. MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:31:31 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1382 WP No. 109823 of 2025 2. THE DEPUTY COMMISSIONER D.C.COMPOUND, BELAGAVI DISTRICT, BELAGAVI-590001. 3. BELAGAVI URBAN DEVELOPMENT AUTHORITY, BELAGAVI, REPRESENTED BY IT’S COMMISSIONER, ASHOK NAGAR, BELAGAVI-590001. …RESPONDENTS (BY SRI. PRAVEEN K.UPPAR, AGA FOR R1 AND R2; SRI. GURUDEV GACHCHINMATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE NOTIFICATION DATED 12/04/2007 PUBLISHED IN OFFICIAL GAZETTE ON 19/04/2007 ISSUED BY 2ND RESPONDENT VIDE ANNEXURE-E BEARING NO. BENAPRA/BHUSWA/YO-62/2005-06, SO FAR THE LAND BEARING R.S.NO.150/15 MEASURING 03-GUNTHAS AND R.S.NO.150/3, MEASURING 03-GUNTHAS, SITUATED AT ANGOL TAL AND DIST: BELAGAVI; ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT QUASHING THE ENDORSEMENT ORDERS ISSUED BY THE RESPONDENT NO.2 DATED 26/09/2024 IN RESPECT OF THE LAND BEARING R.S.NO.150/15 AND 150/3 OF ANAGOL BELAGAVI, VIDE ANNEXURE-C AND D RESPECTIVELY 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:1382 WP No. 109823 of 2025 ORAL ORDER Petitioners have approached this Court seeking for the following reliefs; “a) Issue a writ of certiorari or any other writ quashing the notification dated: 12/04/2007 published in official gazette on 19/04/2007 issued by 2nd respondent vide ANNEXURE-E bearing No.¨É£À¥Áæ/¨sÀƸÁé/AiÉÆÃ-62/2005-06, so far the land bearing R.S.No. 150/15 measuring 03-gunthas and R.S.NO.150/3, measuring 03- gunthas, situated at Angol Tal & Dist: Belagavi. b) Issue a writ of certiorari or any other writ quashing the endorsement orders issued by the respondent No.2 dated: 26/09/2024 in respect of the land bearing R.S.NO.150/15 and 150/3 of Anagol Belagavi, vide ANNEXURE-C & D respectively. c) Issue a writ in the nature of Mandamus or direction directing the Respondent No.2 to issue deemed conversion order in respect of the land bearing R.S.NO. 150/15, measuring 3-guntha and R.S.No. 150/3, measuring 03- - 4 - HC-KAR NC: 2026:KHC-D:1382 WP No. 109823 of 2025 gunthas, both situated at Angol Village, Tal & Dist: Belagavi, which fall within the limits of Corporation of the City of Belagavi and which are designated for residential purpose in the Master Plan [Revised-II] of Belagavi, approved by the Respondent No.1 vide order No. UDD/83/BeMapra/2013 dated: 15/02/2014. d) Issue any other writ or direction as this Hon'ble Court deems fit, in the interest of justice and equity.” 2. Petitioners claim to be the absolute and joint owners in actual possession of RS No.150/15 measuring 3 guntas and RS No.150/3 measuring 3 guntas situated at Angol village, Belagavi District. 3. A preliminary notification dated 12.04.2007 was issued proposing acquisition of lands. However, no further steps were taken thereafter, no final notification was issued, nor were the land utilized for the public purposes. Subsequently, the petitioners in order to construct a residential building over the said land, had sought for conversion of the land into non-agricultural (residential) - 5 - HC-KAR NC: 2026:KHC-D:1382 WP No. 109823 of 2025 use. The application was rejected vide endorsement dated 26.09.2024, on the ground that the lands were covered under the earlier notification. 4. Learned counsel for the petitioners submits that though a preliminary notification was issued in the year 2007, no final notification or further acquisition proceedings were initiated. Learned counsel for the petitioners submits that the lands have not been utilized for any public purpose and 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 Maruti Rao S/o. Somnath Motankar Vs. State of Karnataka and Others1 (Maruti Rao) and in the case of Madhavi Sandeep Bagawadmath and Another Vs. State of Karnataka and Another2 (Madhavi), wherein similar notification was quashed for want of further action. It is submitted that continued subsistence of such stale notification violates Article 300-A 1 WP No.106385/2024 D.D.20.11.2024 2 WP No.105513/2023 D.D.25.09.2023 - 6 - HC-KAR NC: 2026:KHC-D:1382 WP No. 109823 of 2025 of the Constitution of India and rejection of conversion application solely on the basis of such notification is unsustainable. 5. Learned Additional Government Advocate for respondents-State fairly submits that pursuant to the notification in the year 2007, no further steps were taken and the lands of the petitioners have not been utilised for the notified public purpose. 6. It is undisputed that: i. The preliminary notification was issued in the year 2007; ii. No final notification has been issued thereafter. iii. No further acquisition proceedings were pursued. iv. The lands have not been utilized for any public purpose. - 7 - HC-KAR NC: 2026:KHC-D:1382 WP No. 109823 of 2025 In view of the settled proposition of law, when no further proceedings were initiated pursuant to a preliminary notification for a prolonged period, such proceedings cannot kept alive indefinitely to the determinant of land owners and the deprivation of the property without authority of law violates Article 300-A of the Constitution of India. 7. The Co-ordinate Bench of this Court in Maruti Rao and Madhavi’s case, wherein similar notifications were quashed on identical facts and the respondents do not dispute that the petitioners are similarly placed, the preliminary notification insofar as it pertains to the petitioners land, cannot be sustained and consequently, the endorsement dated 26.09.2024 rejecting conversion is also unsustainable in law. Accordingly, this Court pass the following: ORDER i) The writ petition is allowed. - 8 - HC-KAR NC: 2026:KHC-D:1382 WP No. 109823 of 2025 ii) The preliminary notification dated 12.04.2007 (published in official Gazette on 19.04.2007) by respondent No.2 insofar as it pertains to RS No.150/15 measuring 3 guntas and RS No.150/3 measuring 3 guntas situated at Angol village, Belagavi District, is hereby quashed. iii) The endorsement dated 26.09.2024 issued by respondent No.2 vide Annexures-C and D are hereby quashed. iv) A mandamus is issued directing respondent No.2 to consider the petitioners’ application for conversion and to ascertain whether the lands fall within the limits of Corporation of the City of Belagavi and whether they are - 9 - HC-KAR NC: 2026:KHC-D:1382 WP No. 109823 of 2025 entitled for deemed conversion under Section 95(1)(2)(5) of the Karnataka Land Revenue Act, 1964. v) The said exercise shall be completed within a period of two (2) weeks from the date of receipt of a certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA PJ/Ct:VH List No.: 1 Sl No.: 15