- 1 - NC: 2025:KHC-K:2204 WP No. 201040 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.201040 OF 2025 (LB-RES) BETWEEN: SRI. MALAKAJAPPA S/O. SANGAPPA EVANI, AGE: 81 YEARS, OCC: RETD. DISTRICT AND SESSIONS JUDGE, R/O: NO.1494, 4TH CROSS, JUDICIAL LAYOUT, GKVK POST, BENGALURU- 560 065. …PETITIONER (BY SRI.SANTOSH KUMAR B. BIRADAR AND SRI.SANJAY A. PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REP. BY SECRETARY, HOUSING AND, URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, BENGALURU – 560 001. 2. THE COMMISSIONER, MUNICIPAL CORPORATION, VIJAYAPUR, (BAGALAKOT ROAD JAL NAGAR), DISTRICT – VIJAYAPUR – 586 109. 3. THE DEPUTY COMISSIONER VIJAYAPUR, DISTRICT – VIJAYAPUR – 586 101. …RESPONDENTS (BY SRI. MAQBOOL AHMED, AGA FOR R1 & R3) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2204 WP No. 201040 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT(S)/ORDER(S)/ DIRECTION(S), THEREBY, DIRECTING THE RESPONDENT NO.2 AND 3 TO CONSIDER THE REPRESENTATION DATED 16.11.2024 SENT THROUGH HIS COUNSEL/ADVOCATE BY RPAD TO UNDERTAKE THE NECESSARY ACTIONS TO REMOVE THE ENCROACHMENT OF THE APPROACHING ROADS AROUND PROPERTY SITE BEARING NO.903/A/3D MEASURING 100X100 SITUATED ON R.S.NO. 903/A1 OF MAHALBAGAYAT, VIJAYAPUR, BELONGING TO THE PETITIONER HEREIN, WITHIN REASONABLE TIME BOUND FIXED BY THIS HONOURABLE Court; (ANNEXURE-K); THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Santoshkumar B.Biradar, learned counsel for the writ petitioner as well as Sri.Maqbool Ahmed, learned Additional Government Advocate who represents respondent Nos.1 and 3. 2. This writ petition is filed seeking the Court to direct respondent Nos.2 and 3 to consider the representation of the petitioner dated 16.11.2024 and to take necessary action. - 3 - NC: 2025:KHC-K:2204 WP No. 201040 of 2025 3. Learned counsel for the writ petitioner submits that petitioner is the owner of the site bearing No.903A/3D admeasuring 100 ft.x100 ft. which forms part of RS No.903/A-1 of Mahalbagayat, Vijayapur. There are several encroachments of approach roads situated around the said property. With a request to remove those encroachments, the petitioner gave several representations but they were not acted upon and therefore, the present writ petition is filed. 4. Learned Additional Government Advocate who represents respondent Nos.1 and 3 submits that petitioner is seeking a direction to the authorities to act according to the legal notice dated 16.11.2024 and indeed it is not a representation. Record discloses justification for submission thus made. 5. Learned counsel for the writ petitioner on hearing learned Additional Government Advocate states that the petitioner will submit another representation and a direction may be issued to respondent Nos.2 and 3 to - 4 - NC: 2025:KHC-K:2204 WP No. 201040 of 2025 consider the said representation and pass appropriate orders. 6. Having considered the submissions thus made by both the parties, writ petition is disposed of with the following: ORDER i. The petitioner to submit fresh representation in respect of subject issue within a period of two weeks. ii. On such representation being submitted, respondent Nos.2 and 3 to look into the issue and pass necessary orders in accordance with law. iii. Decision taken to be communicated to the petitioner. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 41 CT:NI