- 1 - HC-KAR NC: 2025:KHC-K:3531 WP No. 201691 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201691 OF 2025 (LB-RES) BETWEEN: BALAPPA S/O LOKAPPA, AGE: 54 YEARS, OCC: AGRICULTURIST, R/O. YERAMASALA VILLAGE, JERABANDI GRAM PANCHAYAT LIMITS, TQ. DEVADURGA, DIST. RAICHUR-584111. …PETITIONER (BY SRI. RAVI BHEEMSINGH CHAWAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, VIKAS SOUDHA, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, DIST. RAICHUR-584 101. 3. THE ASSISTANT COMMISSIONER, DIST. RAICHUR-584 101. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3531 WP No. 201691 of 2025 4. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, JERABANDI, TQ. DEVADURGA, DIST. RAICHUR-584 111. 5. THE PRESIDENT, GRAM PANCHAYAT, JERABANDI, TQ. DEVADURGA, DIST. RAICHUR-584 111. 6. THE EXECUTIVE OFFICE TALUK PANCHAYAT OF DEVADURGA TQ. DEVADURGA, DIST. RAICHUR-584111. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED NOTICE DATED 26-03-2025 ISSUED BY RESPONDENT NO.4 VIDE ANNEXURE-C B) ISSUE A WRIT OF MANDAMUS RESTRAINING THE RESPONDENTS FROM TAKING ANY COERCIVE STEPS AGAINST THE PETITIONER IN PURSUANCE OF THE IMPUGNED NOTICE OR OTHERWISE, IN RESPECT OF LAND BEARING SY NO.02, MEASURING 10 ACRES 35 GUNTAS OUT OF 4 ACRES 27 GUNTAS YERAMASALA VILLAGE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3531 WP No. 201691 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) An allegation is made on the petitioner that, he has blocked the drainage water and deviated it on the public road and a complaint has been made by the general public. Hence, he has been directed to remove the said obstruction, failing which, it is stated in the impugned notice that, action will be initiated against the petitioner under the provisions of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993. 2. The case of the petitioner is that, he has not made the said obstruction and the notice has been wrongly issued to him. 3. The lis involves disputed question of facts, which cannot be decided by this Court. The question is whether the petitioner has illegally obstructed flow of drainage water or not. - 4 - HC-KAR NC: 2025:KHC-K:3531 WP No. 201691 of 2025 4. For the aforementioned reasons, the writ petition is hereby dismissed. It is needless to state that dismissal of the writ petition shall not come in the way of the petitioner to approach the Civil Court, if he so desires. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 19 CT:SI