- 1 - HC-KAR NC: 2025:KHC-D:10759 WP No. 106084 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106084 OF 2025 (LB-RES) BETWEEN: SRI. HUSSAIN S/O. MOHAMMADSAB RONAD, R/O. NO. 42, ASAR HONDA, NORTH INDIPUMP CROSS, OLD HUBBALLI-580024, DIST. DHARWAD. …PETITIONER (BY SMT. SURABHI KULKARNI AND SRI. RAGHUVEER R. SATTIGERI, ADVOCATES) AND: THE COMMISSIONER HUBLI DHARWAD MUNCIPAL CORPORATION, HUBBALLI-580020, DIST. DHARWAD. …RESPONDENT (BY SRI.G.I. GACHCHINAMATH, ADVOCATE) THIS WP IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA, PRAYING TO,I) ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENT TO REMOVE THE ENCROACHMENT IN THE SY NO. 707/1B/1A SITUATED AT UNKAL VILLAGE, HUBBALLI, TALUK, DHARWAD DISTRICT BY CONSIDERING THE REPRESENTATION DATED. 16-06-2025 AS PER ANNEXURE-A AND ETC., Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10759 WP No. 106084 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Sri.G.I. Gacchinmath, learned counsel, accepts notice for respondent. 2. The petitioner is before this Court seeking for the following reliefs: i) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the Respondent to remove the encroachment in the Sy No. 707/1b/1a situated at Unkal Village, Hubballi Taluk, Dharwad District by considering the representation dated 16-06-2025 as per Annexure-A. ii) Issue such other appropriate writ or order or direction as deemed fit under the circumstances of the case, in the interests of justice. 3. The grievance of the petitioner is that the Government, under the Ashraya Yojana, has constructed on the land belonging to the petitioner. If this is indeed the case, it is for the petitioner to - 3 - HC-KAR NC: 2025:KHC-D:10759 WP No. 106084 of 2025 approach the appropriate civil court seeking the necessary remedies. A writ of mandamus cannot be issued to the HDMC, as they are not even concerned with the said matter. 4. In light of this, the petition is disposed of, reserving liberty for the petitioner to approach the civil court for appropriate relief. Sd/- (SURAJ GOVINDARAJ) JUDGE VB CT:PA List No.: 1 Sl No.: 7