SRI MOHAMMEDGOUSE S/O JAMADARSAB KUBASAB vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-D:17464
WP No. 108442 of 2026
CNR: KAHC020184282026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO.108442 OF 2026 (LB-RES)
BETWEEN:
SRI. MOHAMMEDGOUSE S/O. JAMADARSAB KUBASAD,
AGE. 70 YEARS, OCC. AGRICULTURE AND BUSINESS,
BELLATTI ROAD, SHIRAHATTI,
TALUK. SHIRAHATTI-582120, DISTRICT. GADAG.
…PETITIONER
(BY SRI. D.L. LADKHAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY ITS CHIEF SECRETARY,
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA, BENGALURU-560001.
2. THE SECRETARY,
URBAN DEVELOPMENT DEPARTMENT,
IV FLOOR, M S BUILDING, BANGALORE-560001,
E MAIL: DSII [email protected].
Digitally signed by
THEJAS KUMAR N
Location: High
Court of Karnataka,
Dharwad Bench
3. THE DEPUTY COMMISSIONER, GADAG,
DC OFFICE, HUBBALLI ROAD, GADAG-582101.
4. TAHSILDAR, SHIRSHATTI,
TALUK SHIRAHATTI-582120,
DISTRICT. GADAG.
5. THE SHIRAHATTI TOWN PANCHAYAT
TOWN PANCHAYAT COUNCIL,
SHIRAHATTI, TALUK SHIRAHATTI-582120,
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DISTRICT. GADAG.
6. THE DEPUTY DIRECTOR OF TOWN PLANNING,
GADAG DISTRICT, D C OFFICE, GADAG-582101.
…RESPONDENTS
(BY SMT. RATNAMALA G.H. HCGP FOR R1 TO R4 AND R6;
SRI C.B. SHAKUNAVALLI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (1)
TO ISSUE ANY ORDER OR DIRECTION OR WRIT IN THE
NATURE OF WRIT OF MANDAMUS DIRECTING THE
RESPONDENT NO. 5 TO ISSUE COMPLETION CERTIFICATE
UNDER BYE LAW 12 OF KARNATAKA TOWN MUNICIPAL
(BUILDING) MODEL BYE LAWS, 1981, BY CONSIDERING
APPLICATION DATED 27-06-2026 VIDE ANNEXURE-N AND
DATED 08-07-2026 VIDE ANNEXURE-Q, PURSUANT TO
BUILDING PERMIT GRANTED DATED 31-08-2024, VIDE
ANNEXURE-D, IN THE INTEREST OF JUSTICE. (2) TO ISSUE
ANY ORDER OR DIRECTION OR WRIT IN THE NATURE OF WRIT
OF MANDAMUS DIRECTING THE RESPONDENT NO. 6, IN THE
ALTERNATIVE TO CONSIDER THE APPLICATION FILED BY
PETITIONER CHANGE OF LAND USE UNDER SECTION 14 OF
KARNATAKA TOWN AND COUNTRY PLANNING ACT, DATED 30-
07-2026 VIDE ANNEXURE-Q-1, ANNEXURE-Q-2 AND
ANNEXURE-Q-3, BY RESPONDENT NO. 6 AND 3, AND IN THE
INTEREST OF JUSTICE. (3) TO ISSUE ANY SUCH OTHER ORDER
OR DIRECTION TO MEET THE ENDS OF JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE T.M.NADAF
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WP No. 108442 of 2026
CNR: KAHC020184282026
ORAL ORDER
This petition is filed seeking following reliefs:
“(1) To Issue any order or direction or writ in the
nature of writ of mandamus directing the Respondent
No. 5 to issue Completion certificate under Bye law 12 of
Karnataka Town Municipal (Building) Model bye laws,
1981, by considering application dated 27-06-2026 vide
ANNEXURE-N and dated 08-07-2026 vide ANNEXURE-Q,
pursuant to building permit granted dated 31-08-2024,
vide ANNEXURE-D, in the interest of justice.
(2) To issue any order or direction or writ in the
nature of writ of Mandamus directing the Respondent
No. 6, in the alternative to consider the application filed
by petitioner change of land use under section 14 of
Karnataka Town and Country Planning Act, dated 30-07-
2026 vide ANNEXURE-Q-1, ANNEXURE-Q-2 and
ANNEXURE-Q-3, by Respondent No. 6 and 3, and in the
interest of justice.
(3) To issue any such other order or direction to
meet the ends of justice.”
2. Heard Sri D.L. Ladkhan, learned counsel for the
petitioner and Sri C.B.Shakunavalli, learned counsel for
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respondent No.5 as well as Smt. Ratnamala G.H., learned
HCGP for respondents No.1 to 4 and 6/State.
3. Facts in brief to file the present Writ Petition are
as under:
3.1. The petitioner is before this Court seeking
direction to respondent No.5 to issue Completion
Certificate and Occupancy Certificate under byelaw 13 and
14 of the Karnataka Town Municipal (Building) Model Bye
Laws, 1981 in consideration of their applications dated
27.06.2026 and 08.07.2026 pursuant to building permit
granted on 31.08.2024.
4. It is the case of the petitioner that he is the owner
of Survey No.145, which is identified as Plot No.145/1B1
coming within the Shirahatti Town Panchayat. An E-swattu
has been allotted with property ID No.16-4-67 Ward No.16
with Old No.145/1B1 as open site. The petitioner
thereafter established a Saw-Mill after converting the land
as per the order dated 11.02.1986 to an extent of 6 acres
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10 guntas in the aforesaid survey number for industrial
purpose.
5. For the better enjoyment of the property to use it
as a commercial property and for the promotion of
industrial products applied for building plans online and he
has remitted a sum of ₹75,187/- in terms of challan dated
29.08.2024. Accordingly, building permission was granted
on 31.08.2024 under Section 187 of the Municipalities Act,
1964 and Section 15 of the Karnataka Town and Country
Planning Act, 1961. Thereafter, the petitioner has
constructed a commercial complex building on the ground
floor in the said property.
6. As the matter stood thus, by means of notice
dated 08.11.2024, the building permission issued by
respondent No.5 was cancelled contending that false
documents were produced. By the time the notice was
issued, the construction has already been carried out and
finished, but what is left out is only the plastering of the
building.
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7. Sri D.L.Ladkhan, learned counsel submits that
respondents are insisting for an order of conversion again
since the property is coming within the TMC limits. He
submits that this Court in W.P.No.107283 of 2023(LB-
RES) disposed of on 03.01.2024, in the said order the
Court has framed the Point No.10.2 as under:
“ 10.2. Whether in the present case,
the land having already been converted for
non-agricultural commercial (petrol bunk)
purpose and the land coming within the
jurisdiction of TMC, could the TMC restrict the
usage of the property for petrol bunk purposes
only disregarding the conversion for non-
agricultural commercial purposes ?”
8. While answering Point No. 10.2 at paragraph
No.13.2 the Court held as under:
13.2. The artificial distinction that the TMC
wishes to draw between a land converted for
non-agricultural commercial (petrol bunk)
purpose and a land converted for non-
agricultural commercial purpose is not
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sustainable and is an effort or an exercise in
futility inasmuch as it is very clear from the
official memorandum itself that the land has
been converted from agricultural to non-
agricultural purpose albeit for petrol bunk.
9. In that view of the matter, answered Point
No. 10.2 stated supra in favour of the petitioner therein
holding that the TMC cannot seek to restrict the usage of
land of the petitioner only to petrol bunk, when the land
has been converted for commercial purpose.
10. Sri D.L.Ladkhan, learned counsel submits that
once the land has already been converted for industrial
purpose, no need of again seeking conversion of land for
the purpose of construction of building for commercial
purpose. In that view of the matter, he seeks mandamus
against respondent No.5 to issue completion certificate.
11. Sri C.B.Shakunavalli, learned counsel for
respondent No.5 is unable to sustain the action of
respondent No.5 seeking the conversion order from the
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petitioner in respect of construction of building for
commercial purpose, once it has already been converted
for industrial purpose. Sri C.B.Shakunavalli, learned
counsel in a feeble voice submits that the name of the
petitioner is not found in the register of the municipality.
His contention cannot be accepted for the reason that once
the land has been purchased under a registered Sale
Deed, it is for the municipality to enter the name on the
basis of the Sale Deed as they are bound under the law to
effect the entries on the registered documents.
12. Be that as it may, the issue involved in this lis is
the demand by respondent No.5 to get conversion order
again for commercial use despite once the land has
already been converted from agriculture use to industrial
purpose. In view of law laid down by this Court stated
supra , nothing further remains to consider in this writ
petition on the contention of respondent No.5. In that view
of the matter, this Court proceeds to pass the following:
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WP No. 108442 of 2026
CNR: KAHC020184282026
ORDER
(a) Writ petition is disposed of.
(b) Writ of mandamus is issued to respondent
No.5 to issue completion certificate under
byelaw of the Karnataka Town Municipal
(Building) Model Byelaws, 1981 in
consideration of his applications dated
27.06.2026 and dated 08.07.2026 and the
building permit granted on 31.08.2024.
Consequently, issue the Occupancy
Certificate in view of completion of the
building within a period of four weeks from
today.
(c) Compliance report shall be filed immediately
th
after 4 week.
Sd/-
(T.M.NADAF)
JUDGE
CKK
CT: UMD
List No.: 1 Sl No.: 31