- 1 - HC-KAR NC: 2025:KHC-K:2904 WP No. 201513 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201513 OF 2025 (LB-RES) BETWEEN: 1. RUKMINI W/O LATE VITHAL MHETRE, AGE: 75 YEARS, OCC: HOUSEHOLD AND AGRICULTURE, R/O: BHALKI TOWN, NOW RESIDING AT H. NO. 87/1 MALHARPETH, V. T. C. SATARA DIST. SATARA, MAHARASHTRA STATE-415002. 2. SOMANATH S/O LATE VITHAL MHETRE, AGE: 50 YEARS, OCC: AGRICULTURE AND PRIVATE SERVICE, R/O: BHALKI TOWN, NOW RESIDING AT S. NO.34/4/2 FLAT NO.8 SIDDIVINAYAK APARTMENT, T. K. NAGE TRIMURTHY CHOWK, DHANAKWADI, PUNE CITY, MAHARASHTRA-411043 . 3. ANANT S/O LATE VITHAL MHETRE, AGE: 48 YEARS, OCC: AGRICULTURE AND PRIVATE SERVICE, R/O: BHALKI TOWN, NOW RESIDING AT: H.NO.87/1 POLICE HEAD QUARTERS PARISAR MALHARPETH SATARA MAHARASHTRA-415001. …PETITIONERS (BY SRI. K. M. GHATE, ADVOCATE) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2904 WP No. 201513 of 2025 AND: 1. THE STATE OF KARNATAKA THROUGH ITS PRL. SECRETARY, REVENUE DEPARTMENT, VIDHANA VEEDHI, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DIRECTOR OF MUNICIPAL ADMINISTRATION, GOVERNMENT OF KARNATAKA, 9TH FLOOR, AND 10TH FLOOR, VISHVESHWARIAH TOWER, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER, BIDAR, DIST. BIDAR-585401. 4. THE ASSISTANT COMMISSIONER, BASAVAKALYAN, DIST. BIDAR-585328. 5. THE TAHSILDAR, BHALKI, TQ. BHALKI DIST. BIDAR-585328. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS, BHALKI, DIST. BIDAR-585328. 7. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, BHALKI, DIST. BIDAR—585328. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1 TO R6; SRI. GOURISH S. KHASHAMPUR, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS / DIRECTION, DIRECTING THE - 3 - HC-KAR NC: 2025:KHC-K:2904 WP No. 201513 of 2025 RESPONDENT NO.7 TO DECIDE THE REPRESENTATION DATED 01.07.2024 SUBMITTED BY THE PETITIONERS VIDE ANNEXURE-E TO THE WRIT PETITION, MEANWHILE RESPONDENTS NO.3 TO 7 SHOULD NOT PROCEED FOR CONSTRUCTION OF DRAINAGE/ ROAD IN THE PETITIONERS PROPERTY I.E. LAND BEARING SY.NO.187/1 MEASURING 3 ACRES 5 GUNTAS OF BHALKI VILLAGE AND TOWN PROPER, DISTRICT: BIDAR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’GROUP, 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 petitioners are said to be the owners of land in Sy.No.187/1 measuring 3 acres 5 guntas situated at Bhalki, Bidar District. It is alleged that the respondent No.7 has illegally encroached upon their property and carrying out excavation work. On the said ground, the petitioners have submitted a representation to respondent No.7 in respect of the same, which has not been considered by the authorities concerned. Hence, the instant writ petition is filed with the following prayer: a) “Issue a Writ of Mandamus/direction, directing the respondent No.7, to decide the - 4 - HC-KAR NC: 2025:KHC-K:2904 WP No. 201513 of 2025 representation dated 01.07.2024 submitted by the petitioners vide Annexure-E to the Writ Petition, meanwhile respondents No.3 to 7 should not proceed for construction of drainage/ road in the petitioners property i.e. Land bearing Sy.No.187/1 measuring 3 acres 5 guntas of Bhalki village and town proper, District: Bidar. b) Issue any other order/direction, in view of facts and circumstances of the case on hand, even by considering the cost of the present writ petition as deemed fit and proper by this Hon’ble Court as against all the respondent authorities, to meet the ends of justice and equity.” 2. Learned counsel for respondent No.7 disputes ownership of the petitioners over the property concerned and submits that there is a Nala in Sy.No.187/1 and construction activity is carried out only in respect of said Nala and private properties are not touched. 3. Perusal of RTC produced by the petitioners in respect of Sy.No.187/1 reveals that total extent of Sy.No.187/1 is 3 acres 5 guntas and petitioners are the owners of 3 acres of land with 5 guntas being kharab land. - 5 - HC-KAR NC: 2025:KHC-K:2904 WP No. 201513 of 2025 4. The allegations and counter allegations made reveal that the lis involves disputed question of facts, which this Court cannot go into in exercising its power under Article 226 of the Constitution of India. However, prima facie, the petitioners have been able to establish that they have rights over 3 acres of land in Sy.No.187/1. 5. Under the said circumstances, this Court is of the opinion that interest of justice could be met, if a direction is issued to respondent No.7 to verify the records to be produced by the petitioners and thereafter take appropriate action in accordance with law. 6. Hence, the following: ORDER i) Petitioners shall appear before respondent No.7 on 10.06.2025 at 11.00 a.m. with all relevant particulars about the title to the property in Sy.No.187/1 of Bhalki, Bidar District. ii) Respondent No.7 shall verify the documents and consider the request of the petitioners and only - 6 - HC-KAR NC: 2025:KHC-K:2904 WP No. 201513 of 2025 thereafter proceed with any work in Sy.No.187/1. Till that time, status quo shall be maintained by the parties. iii) If petitioners are not satisfied by the decision to be taken by respondent No.7, they are at liberty to approach the Civil Court or such other forum in accordance with law. iv) Writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE VNR/LG List No.: 1 Sl No.: 64 CT:SI