- 1 - HC-KAR NC: 2025:KHC-K:2805 WP No. 200878 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.200878 OF 2025 (KLR-RES) BETWEEN: GAUVER S/O MARUTHI GOKHALE, AGE: 36 YEARS, OCC: AGRICULTURE, R/O H.NO.2-90726/B, B/H, SUBHAS GUTTEDER HOUSE,GUBBI COLONY, TQ. & DIST. KALABURAGI-585 105. …PETITIONER (BY SRI. HARSHAVARDHAN R. MALIPATIL, ADVOCATE) AND: 1. THE ASSIST. DIRECTOR AND RECORDS, MINI VIDHAN SOUDHA, KALABURAGI. 2. URBAN DEVELOPMENT AUTHORITY, KALABURAGI, BY ITS COMMISSIONER. 3. THE ALLIANCE GROUP OF BUILDERS AND DEVELOPER, THROUGH ITS MANAGING PARTNER ABDUL QAYAUM ALLI S/O AHAMD ALLI, AGE: MAJOR, R/O H.NO.6-192, MOOMINAPUR, MUSLIM CHOWK, KALABURAGI. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1; SRI. KRUPA SAGAR PATIL, ADVOCATE FOR R2; SRI. A. M. NAGRAL, ADVOCATE FOR R3) Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2805 WP No. 200878 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, I) ISSUE A WRIT OF CERTIORARI AND QUASH THE HADABAST OF RESPONDENT NO.3 VIDE ORDER DATED NIL PASSED BY THE RESPONDENT NO.1 BEARING NO.NIL VIDE ANNEXURE-F1; II) ISSUE A WRIT OF CERTIORARI AND QUASH THE ENDORSEMENT OF RESPONDENT NO.2 DATED 19.02.2025, BEARING NO.PÀ£À¥Áæ/£ÀAiÉÆøÀ/«£Áå¸À/45/2022-23/3212 VIDE ANNEXURE-H AND ALSO QUASH THE REPORT OF RESPONDENT NO.1 DATED 13.02.2025 BEARING NO.PÀA/¨sÀÆ.¸À.¤/E/320/24-25 VIDE ANNEXURE-H1; III) ISSUE A WRIT OF MANDAMUS DIRECTING TO RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION OF PETITIONER DATED 24.02.2025, VIDE ANNEXURE-J AND CONSEQUENTLY DIRECT THE RESURVEY OF LANDS IN QUESTION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The petitioner and respondent No.3 are said to be neighbours. The petitioner claims to be owner of 2 acres 26 guntas of land in Sy. No.55/6 of Sharana Sirasagi village, whereas respondent No.3 claims to be owner of 3 acres 26 guntas of land in Sy. No.55/7 of Sharana Sirasagi village. Respondent No.3 has got his land converted for residential purposes. The petitioner is - 3 - HC-KAR NC: 2025:KHC-K:2805 WP No. 200878 of 2025 aggrieved about the survey and sketch prepared by respondent Nos.1 and 2 in respect of the land owned by respondent No.3. It is contended that the survey sketch shows a portion of land which actually belongs to petitioner as owned by respondent No.3. Based on the said contention, the present writ petition is filed with a prayer to set aside the Hadabast order passed by respondent No.1 regarding the land of respondent No.3 and the consequential endorsement issued to the petitioner. 2. The dispute essentially pertains to the actual land owned by the petitioner and respondent No.3. It involves a disputed question of fact, which this Court cannot entertain under Article 226 of the Constitution of India. 3. For the aforementioned reasons, the writ petition is hereby dismissed, reserving liberty to the petitioner to approach the appropriate Civil Court to redress his grievances. - 4 - HC-KAR NC: 2025:KHC-K:2805 WP No. 200878 of 2025 4. In view of dismissal of the writ petition, I.A.2/2025 does not survive for consideration and the same is accordingly dismissed. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 36