In a writ petition challenging a zoning endorsement, the petitioner alleged land was wrongly classified. The respondent argued the land was reclassified from valley to yellow zone and developed, making the petition moot.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC-D:11021 WP No. 107956 of 2016
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 107956 OF 2016 (LB-RES)
BETWEEN:
SHASHIDHAR S/O. VIRUPAKSHAPPA YAMKANMARDI, AGE: 26 YEARS, OCC: AGRICULTURE, R/O: MADHURA COLONY, KESHWAPUR, HUBLI, DIST: DHARWAD, REPRESENTED BY HIS GPA HOLDER, VIRUPAXAPPA S/O. BASAPRABHU YAMAKANMARDI, AGE: 53 YEARS, OCC: SERVICE, R/O: BADAMI NAGAR, KESHWAPUR, HUBBALLI, DIST: DHARWAD.
…PETITIONER
(BY SRI DINESH M. KULKARNI, ADVOCATE)
AND:
Digitally signed MOHANKUMARB SHELAR byMOHANKUMARB SHELARDate: 2023.09.25 11:05:49 +0530
…RESPONDENTS (BY SRI P.N. HATTI, HCGP FOR R1) SRI G.I. GACHCHINAMTH, ADV. FOR 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO SET-ASIDE THE ENDORSEMENT DATED:06.07.2015 VIDE BEARING NO.KRA.SA.HU.DHA.NA.PRA./4098 PASSED BY RESPONDENT NO.2, VIDE ANNEXURE-L AS A NULL AND VOID; TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO GRANT PERMISSION TO THE PETITIONER FOR USE OF THE PETITIONER LAND FOR RESIDENTIAL PURPOSE IN RESPECT OF LAND BEARING R.S.NO.375 MEASURING 5-ACRES, 37-GUNTAS SITUATED AT BHAIRIDEVARKOPPA VILLAGE, IN HUBBALLI TALUKA.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for respondent No.2-Hubli-Dharwad Urban Development Authority submits that petitioner was compelled to knock the door of this court, as the petition land was declared to be part of a valley zone. He would bring to the notice of this court that the said classification is withdrawn and now it is classified as yellow zone and the petitioner has already developed his land. Therefore, he would contend that writ petition has become infructuous.
Sd/JUDGE
MBS
List No.: 1 Sl No.: 70
2 issues framed by the court
Whether a writ petition seeking permission for land use becomes infructuous when the land zoning classification changes and development has occurred.
Whether the endorsement declaring the land null and void stands after reclassification of the land from valley zone to yellow zone.
1 provisions across 1 enactments
Shashidhar S/o. Virupakshappa Yamkanmardi
The State of Karnataka
The Commissioner, Hubli-Dharwad Urban Development Authority
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
