- 1 - NC: 2025:KHC-D:2715 WP No. 100449 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.100449 OF 2025 (LB-RES) BETWEEN: SHRI RAFIQUE BABASAHEB JAMADAR AGE 57 YEARS, OCC. AGRICUTLURE R/O SULEBHAVI, TQ. AND DIST. BELAGAVI. …PETITIONER (BY SRI. TEJPAL KAMAL, ADVOCATE) AND: 1. THE GRAM PANCHAYATH DEVELOPMENT OFFICER (PDO) GRAM PANCHAYAT, SULEBHAVI, TQ AND DIST. BELAGAVI. 2. CEO TALUKA PANCHAYAT BELAGAVI. 3. CEO ZILLA PANCHAYAT BELAGAVI. …RESPONDENTS (BY SRI.V.SHIVARAJ HIREMATH, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DATED 12.011.2024 AND 06.12.2024 VIDE ANNEURE-A AND A1 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2715 WP No. 100449 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs. a. Issue a Writ in the nature of Mandamus, directing the Respondent No.1 to consider the representation made by the Petitioner dated 12.11.2024 and 06.12.2024 vide Annexure-A and A1. b. Any other order/Writ/Direction as may be deemed necessary. 2. The grievance of the petitioner is that right in front of the house cum shop of the petitioner, a shed has been constructed and used as a paan shop, which is situate both on the stormwater drain as also on the public road. Despite several complaints and representations having been submitted by the petitioner on 10-11-2024 and 10-12-2024 at Annexure-E series and thereafter, repeated follow up with the respondent- authorities, no action has been taken. It is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. - 3 - NC: 2025:KHC-D:2715 WP No. 100449 of 2025 3. A perusal of the photographs, which have been produced by the petitioner, would categorically indicate that a shed has been constructed in front of the house/shop of the petitioner blocking the access to the petitioners’ house/shop. Furthermore, a shed has been constructed on the storm water drain and the public road. 4. It was therefore required of the respondent-authorities to take immediate action against such utter violation of the rights of the petitioner. The same not having been done, I pass the following: ORDER i) Writ petition is allowed. ii) Mandamus is issued directing respondent No.1 to act on the representation of the petitioner dated 12-11-2024, 06-12-2024, 20-11-2024, 10-12-2024 within a period of 15 days from the date of receipt of certified copy of this order by removing any unauthorised construction on the stormwater drain as also on the road in front of the house/Shop of the - 4 - NC: 2025:KHC-D:2715 WP No. 100449 of 2025 petitioner. Failing which, it is made clear that contempt action would have to be initiated against respondents-authorities. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- List No.: 1 Sl No.: 43