- 1 - NC: 2025:KHC:6466 WP No. 51039 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 51039 OF 2019 (GM-RES) BETWEEN: MR. BABU.C.POOJARI AGED ABOUT 51 YEARS, S/O CHIKKA POOJARY, OCC.BUSINESS, R/O DOOR NO.2/135, OF VANDSE VILLAGE, POST. VANDSE, KUNDAPURA TALUK, UDUPI DISTRICT-576 233. …PETITIONER (BY SMT. AISHWARYA HEGDE., ADVOCATE FOR SRI. GURURAJ.R., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU-560 001. 2. DEPUTY COMMISSIONER, UDUPI DISTRICT, UDUPI-576 104. 3. ASSISTANT COMMISSIONER, KUNDAPURA SUB-DIVISION, KUNDAPURA-576 201. UDUPI DISTRICT. 4. THAHASILDAR, KUNDAPURA TALUK, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6466 WP No. 51039 of 2019 KUNDAPURA-576 201, UDUPI DISTRICT. 5. THE CHIEF EXECUTIVE OFFICER, UDUPI ZILLA PANCHAYATH, UDUPI DISTRICT, UDUPI-576 104. 6. THE PANCHAYATH DEVELOPMENT OFFICER, GRAMA PANCHAYATH, VANDSE, KUNDAPURA TALUK, UDUPI DISTRICT-578 233. 7. EXECUTIVE ENGINEER, PANCHAYATH RAJ ENGINEERING DIVISION, UDUPI DISTRICT, UDUPI-576 104. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 4; NOTICE TO R5-7-DISPENSED WITH V/O DATED:20.02.2020) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Smt.Aishwarya Hegde., counsel on behalf of Sri.Gururaj.R., for the petitioner and Sri.Manjunatha Rayappa., AGA for respondents 1 to 4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to construct the Nada - 3 - NC: 2025:KHC:6466 WP No. 51039 of 2019 Kacheri Building in Sy.No.110/P1 measuring 0.38 cents situated at Vandse Village, Kundapur Taluk, Udupi District which is specifically reserved for the said purpose as per the order dated:24.03.2015 passed by respondent No.2 as per Annexure- L and direct the respondents not to put up any construction on the Paramboke Road land in Sy.No.38/1AP1 measuring 3.23 Acres situated at Vandse Village, Kundapur Taluk, Udupi District. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. A perusal of the petition averments and the relief sought by the petitioner depicts that there are disputed questions of fact. The relief sought by the petitioner cannot be accorded in the Writ Petition. The law is well settled that the disputed question of facts cannot be investigated under Article 226 and 227 of the Constitution of India. Hence, I decline to exercise power under the Writ jurisdiction. - 4 - NC: 2025:KHC:6466 WP No. 51039 of 2019 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 30