Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:16820 WP No. 103940 of 2022
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103940 OF 2022 (GM-RES) BETWEEN:
HEEMA MALINI D/O. NAGESHUM, AGE. 47 YEARS, OCC. AGRICULTURE, R/O: VIRUPAPURGADDI VILLAGE, TQ. GANGAVATHI, DIST. KOPPAL. …PETITIONER (BY SRI. SADIQ N. GOODWALA, ADVOCATE)
AND:
1.
GOVERNMENT OF INDIA, MINISTRY OF CULTURE, O/O THE DEPUTY SUPERINTENDING ARCHAEOLOGIST, ARCHAEOLOGICAL SURVEY OF INDIA, HAMPI, MINI CIRCLE, TQ. HOSPET, DIST. BALLARI.
2.
THE DEPUTY COMMISSIONER, KOPPAL, TQ. AND DIST. KOPPAL – 583 201.
3.
THE ASSISTANT COMMISSIONER, KOPPAL, TQ. AND DIST. KOPPAL – 583 201.
4.
THE TAHASHILDAR, GANGAVATHI, DIST. KOPPAL.
5.
THE GRAM PANCHAYAT, SANNAPUR, TQ. GANGAVATHI, DIST. KOPPAL, BY ITS PANCHAYAT DEVELOPMENT OFFICER.
…RESPONDENTS (BY SRI. M.B.KANAVI, ADVOCATE FOR R1;
SRI. T. HANUMAREDDY, AGA FOR R2 TO R4;
SRI. BHUSHAN B. KULKARNI, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO 5 TO FOLLOW DUE PROCESS OF LAW BEFORE LAYING DOWN THE ROAD IN
R5 is deleted as per order dated 10.10.2022 Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:16820 WP No. 103940 of 2022
SY NO.43/2 MEASURING 1 ACRES AND 16 GUNTAS SITUATED AT VIRUPAPURGADDI VILLAGE, TQ.GANGAVATHI, DIST.KOPPAL AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer: I. A Writ in the nature of mandamus directing the Respondent No.3 to 5 to follow due process of law before laying down the road in SY No.43/2 measuring 1 Acres and 16 Guntas situated at Virupapurgaddi Village, Tq. Gangavathi, Dist. Koppal.
II. Issue such other reliefs as this Hon’ble court deems fit in the circumstances of the case.
2. Heard the learned counsel Sri.Sadiq N. Goodwala, appearing for petitioner,
learned counsel Sri.M.B.Kanavi, appearing respondent No.1, learned AGA-Sri.T.Hanureddy, appearing for respondents No.2 to 4 and learned counsel Sri.Bhushan B. Kulkarni, appearing for respondent No.5.
3. The petitioner is said to have purchased land in Survey No. 43/3 measuring 1 acre and 16 guntas. Respondents No.3 to 5 are said to be laying down the road in the property of the petitioner without following due process of law and therefore the petitioner has submitted a representation to the respondents
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HC-KAR NC: 2025:KHC-D:16820 WP No. 103940 of 2022
that if the road has to be laid down it shall be in consonance with law.
4. The petition is preferred in the year 2022. There is no interim order granted restraining the formation of the road. The road has already been formed or road would have obviously been formed 4 years down the line. Therefore, leaving open all remedies available in law to the petitioner, the petition stands
disposed. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
RHR/CT-ASC List No.: 2 Sl No.: 19