- 1 - NC: 2025:KHC-D:2461 WP No. 106516 of 2017 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106516 OF 2017 (LB-RES) BETWEEN: SRI. B. RAVINDRA KUMAR S/O B. NAGARAJ, AGED ABOUT 36 YEARS, R/O: 6TH WARD KUDLIGI, BALLARI DISTRICT, PIN: 583135. …PETITIONER (BY SRI. VINAY S. KOUJALAGI., ADVOCATE) AND: 1. TOWN PANCHAYAT KUDLIGI, OFFICE OF TOWN PANCHAYAT, KUDLIGI, REP. BY ITS CHIEF OFFICER, KUDLIGI, BALLARI DISTRICT. 2. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, BALLARI DISTRICT. 3. THE TAHSILDAR, KUDLIGI OFFICE OF THE TAHSILDAR, KUDLIGI, BALLARI DISTRICT. …RESPONDENTS (BY SRI. B.D. NARASAGOND ADVOCATE REP SRI. RAJASHEKHAR GUNJALLI., ADVOCATE FOR R1; SRI. V.S. KALASURMATH., AGA FOR R2-R3) GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:25:58 +0530 - 2 - NC: 2025:KHC-D:2461 WP No. 106516 of 2017 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT OR DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ENDORSEMENT/LETTER OF INSTRUCTION PASSED BY THE 1ST RESPONDENT BY ITS ORDER DATED:04.06.2016 AT ANNEXURE-A AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a. Issue an appropriate writ or direction in the nature of the certiorari by quashing the impugned endorsement/letter of instruction passed by the 1st Respondent by its order dated 04.06.2016 bearing No. Sum. Pa.Pum Ko/KaPa/Ethre/2016-17/26 at Annexure-A. b. Issue a writ in the nature of mandamus or any other appropriate writ or direction, directing the R1 not to come in the way of Petitioner in construction of building and gave necessary extension of license for construction of building. c. Issue any other writ order or direction as this Hon’ble court deems fit to grant in the circumstance of case including the cost in the interest of justice. - 3 - NC: 2025:KHC-D:2461 WP No. 106516 of 2017 2. The grievance of the petitioner is that on a false complaint which had been filed, respondent No.1 directed the petitioner not to go ahead with the construction being carried out by the petitioner in furtherance of a plan sanction issued by respondent No.1. 3. The submission of Sri.Vinay S.Koujalagi, learned counsel for the petitioner is that Respondent No.2 - Deputy Commissioner had called upon the respondent No.3 - Tahsildar to inquire into the complaint. Respondent No.3 has reported to the respondent No.2 on 16/20.06.2016 at Annexure-H that there is no encroachment by the petitioner. 4. If that be so, it was for the petitioner to have placed the said report for consideration before respondent No.1 for necessary orders. 5. In view of the above observations, I pass the following: - 4 - NC: 2025:KHC-D:2461 WP No. 106516 of 2017 ORDER The Writ Petition is disposed granting liberty to the petitioner to place the report at Annexure-H for consideration of respondent No.1 who shall act in terms of the said report within a period of 30 days from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 53