- 1 - NC: 2025:KHC:16608-DB WP No. 15095 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT PETITION NO. 15095 OF 2021 (LB-RES-PIL) BETWEEN: 1. SRI KISAN PANDURANG PATIL S/O PANDURANG AGED ABOUT 39 YEARS R/AT SAI NAGAR RABIBAG BELAGAVI DISTRICT - 591 217. 2. SRI ANKUSH LIMBAJI JADHAV S/O LIMBAJI JADHAV AGED ABOUT 47 YEARS R/AT MORAB ROAD TQ - RAIBAG BELAGAVI DISTRICT - 591 217. 3. SRI SHANKAR VITHAL GONGADI S/O VITHAL AGED ABOUT 63 YEARS R/AT 968, CHINCHALI TQ - RAIBAG BELAGAVI DISTRICT - 591 217. …PETITIONERS (BY SRI UPADHYE ARAVIND, ADVOCATE) AND: 1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16608-DB WP No. 15095 of 2021 BANGALORE - 560 001. 2. THE REGIONAL COMMISSIONER BELAGAVI DIVISION BELAGAVI - 590 002. 3. THE DEPUTY COMMISSIONER BELAGAVI DISTRICT BELAGAVI - 590 002. 4. TEH DEPUTY COMMISSIOENR OF EXCISE BELAGAVI NORTH DISTRICT CHIKKODI- 591 206. 5. THE ASSISTANT COMMISSIONER BELAGAVI NORTH DIVISION CHIKKODI DIST - BELAGAVI - 591 206. 6. THE INSPECTOR OF EXCISE RAIBAG DIVSION RAIBAG BELAGAVI DIST - 591 317. 7. THE TAHASILDAR RAIBAG TALUK BELAGAVI DIST - 591 317. 8. THE PATTANA PANCHAYATH CHINCHALI REP. BY ITS CHIEF OFFICER AT CHINCHALI TALUK RAIBAG DIST BELAGAVI - 591 317. 9. THE SENIOR SUB-REGISTRAR RAIBAG TALUK BELAGAVI DISTRICT - 591 317. 10. SRI GUNADHAR APPASAB SAGARE S/O. APPASAB AGED ABOUT 75 YEARS R/AT. CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. - 3 - NC: 2025:KHC:16608-DB WP No. 15095 of 2021 11. SMT. SUVARNE GUNADHAR SAGARE W/O. GUNADHAR AGED ABOUT 71 YEARS R/AT. CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. 12. SRI SANMAN GUNADHAR SAGARE S/O. GUNADHAR AGED ABOUT 45 YEARS R/AT CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. 13. SRI SUNIL GUNDADHAR SAGARE S/O GUNADAHR AGED ABOUT 40 YEARS R/AT CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. 14. SMT SAVITHA SANAMN SAGARE W/O SANMAN AGED ABOUT 36 YEARS R/AT CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. 15. SMT. SHILPA SUNIL SAGARE W/O SUNIL AGED ABOUT 35 YEARS R/AT CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. 16. SRI SHIVAJI SOUNDALAGI S/O MAHADEV AGE IN MAJOR R/AT CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. 17. JITENDRA SOUNDALAGI S/O SHIVAJI AGE IN MINOR - 4 - NC: 2025:KHC:16608-DB WP No. 15095 of 2021 R/AT CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. 18. SRI JYOTHENDRA RACHOJIRAO DESAI @ JADAV S/O RACHOJIRAO R/AT CHINCHALI TALUK - RAIBAG DIST - BELAGAVI - 591 217. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 7, R-9 IS SERVED & UNREPRESENTED, SRI B.S. RAGHUPRASAD, ADVOCATE FOR R-10 TO 15, SRI SUNIL KHOT, ADVOCATE FOR SRI BASAVARAJ GODACHI, ADVOCATE FOR R-16 & 17 & SMT. SADHANA DESAI, ADVOCATE FOR R-18) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE OF A WRIT MANDAMUS OR ANY OTHER APPROPRIATE WRIT ORDER OR DIRECTING THE RESPONDENTS NOS.1, 2, 3, 7 AND 8 CONSIDER THE REPRESENTATION FILED BY THE 1ST PETITIONER ON 08.02.2021 AT ANNEXURE - N AND DIRECT THEM TO RESTORE THE PROPERTY BEARING NO. TPC 1015/1 WHICH IS PROPERTY OF PATTAN PANCHAY AT CHINCHALI /8TH RESPONDENT, BY TAKING PHYSICAL POSSESSION OF THE PROPERTY BY CONDUCTING THE SURVEY, AND DIRECT THEM TO TAKE LEGAL ACTION AGAINST THE PRIVATE RESPONDENT NO. 10 TO 17 & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 5 - NC: 2025:KHC:16608-DB WP No. 15095 of 2021 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Upadhye Arvind for the petitioners who argued physically, learned advocate Mr. Sunil Khot for learned advocate Mr. Basavaraj Godachi for respondent Nos.16 and 17, who appeared through video conferencing and learned Additional Government Advocate Smt. Niloufar Akbar for respondent Nos.1 to 7, who appeared upon service of copy of the petition in advance. 1.1 Learned advocate Ms. Sadhana Desai was also heard, who appeared for respondent No.18 and is permitted to file her Vakalatnama. If filed within one week, the office shall accept the same. 2. This petition styled as public interest petition seeks direction against the respondents-authorities to consider the representation filed by petitioner No.1 on 08.02.2021. It is prayed that the respondents may be directed to restore the property bearing TPC No.1015/1 which is claimed to be the property of the Pattana Panchayat at Chinchali-respondent No.8 herein and to take physical - 6 - NC: 2025:KHC:16608-DB WP No. 15095 of 2021 possession thereof after conducting survey. The petitioners wants to take legal action against private respondent Nos.10 to 18. 3. The case pleaded, stated in nutshell is that the private respondents have illegally encroached the land bearing Survey No.400, now renumbered as TPC No.1015-1 admeasuring 2 Acres and 10 Guntas situated at Chinchali. It is stated that Chinchali falls within the Pattana Panchayat area and that the land in question falls within the limits of Gramathana. It is the case that the said land was earlier handed over to Gram Panchayat of Chinchali and thereafter to respondent No.8 on 30.04.1938. It appears that the private respondents thereafter sold off the property bearing TPC No.2004 to different persons. 3.1 It is alleged that as per the government record, the land in question is reserved for graveyard by the earlier Kolhapur District Magistrate when the same was under the rule of presidency of Bombay. The land was thereafter given to Panchayat, as per the case of the petitioners and that the Panchayat has passed the resolution. It is the grievance of the petitioners that the private respondents have been creating fake documents and altering the boundaries to hold their possession of the property by creating fake TPC and that they have been selling the parcels out of the said land to the different - 7 - NC: 2025:KHC:16608-DB WP No. 15095 of 2021 persons. It is stated that they used the TPC in the name of one Smt. Ramabai Sambarao. It is stated that the representation is made but no action is taken. Therefore, the present petition is required to be filed. 4. Having noticed the grievance of the petitioners from the averments made and the case put forth, It could be said that the grievance of the petitioners has been pending with the respondent- competent authorities as the representation already filed by the petitioners. The authorities are yet to apply their mind to the grievance of the petitioners and are yet to look into the representation. 5. Even otherwise, having regard to the nature of the allegations and the factual pleadings, for the purpose of addressing the grievance of the petitioners, a factual inquiry is necessarily needed before any conclusion could be drawn. It is not permissible nor possible for the court to undertake such factual inquiry in the writ jurisdiction. The present public interest petition is therefore not liable to be entertained. 6. The petition is however disposed of by directing the competent authorities-respondents to consider the representation of the petitioners dated 08.02.2021 already pending with respondent No.1. The competent authority shall look into it and take appropriate - 8 - NC: 2025:KHC:16608-DB WP No. 15095 of 2021 decision in that regard in accordance with law and communicate the same to the petitioners within twelve weeks from today. 6.1 This court has not expressed any opinion on the merits. It is entirely for the competent authority to look into the merits and take its own decision. 7. The present petition is disposed of qualified by above limited observations. In view of disposal of the petition, the interlocutory applications would not survive and they stand accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE DDU List No.: 1 Sl No.: 23