- 1 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 17TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105093 OF 2024 (LB-RES) C/W WRIT PETITION NO. 107645 OF 2025 IN W.P.NO.105093/2024: BETWEEN: ABDUL RAHAMAN S/O. HASSANSAB Y YALBURAGI, AGE. 38 YEARS, OCC. AGRICULTURE, R/O. DOTIHAL 583278, TQ. KUSTAGI, DIST. KOPPAL. …PETITIONER (BY MISS. KAVITHA S. JADHAV, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY, TOWN AND COUNTRY PLANNING DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, KOPPAL, DIST. KOPPAL- 587101. 3. CHIEF OFFICER CITY MUNICIPALITY KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 4. THE ASSISTANT DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, KOPPAL- 587101, DIST: KOPPAL. 5. RAGHAVENDRA S/O NARAYANACHAR JOSHI AGE:68 YEARS, OCCU: AGRICULTURE, R/O: 8-11-182/18, JAWAHAR NAGAR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 PANCHAMUKHI COLONY, BALUMMADODDI ROAD, TQ: DIST:RAICHUR-584103 6. SHRINIVAS S/O NARAYANACHAR JOSHI AGE:66 YEARS, OCCU: AGRICULTURE, R/O: VIDYA NAGAR, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 7. BADARINATH S/O NARAYANACHAR JOSHI AGE:65 YEARS, OCCU: AGRICULTURE, R/O: VIDYA NAGAR, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 8. VENKATESH S/O NARAYANACHAR JOSHI AGE:63 YEARS, OCCU: AGRICULTURE, R/O: VIDYA NAGAR, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 9. BINDUMADHAV S/O NARAYANACHAR JOSHI AGE:62 YEARS, OCCU: AGRICULTURE, R/O: ADIVIRAYA COLONY, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 10. KRISHNAMURTHY S/O NARAYANACHAR JOSHI AGE:60 YEARS, OCCU: AGRICULTURE, R/O: ADIVIRAYA COLONY, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 11. BALARAM S/O NARAYANACHAR JOSHI AGE:58 YEARS, OCCU: SERVICE & AGRICULTURE, R/O: ADIVIRAYA COLONY, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1, R2 AND R4; SRI SHRIHARSH A. NEELOPANT, ADVOCATE FOR R6, R7, R9 TO R11; SRI. B. SHARANABASAWA, ADVOCATE FOR R3; NOTICE TO R5 AND R8 IS SERVED) WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH - 3 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 THE SANCTIONED PLAN SO FAR AS IT RELATES TO BLOCKING OF CONNECTING/ACCESS ROAD TO THE LAND OF THE PETITIONER AS PER ANNEXURE-C 20.10.2023 APPROVED BY THE RESPONDENTS NO.3 AND 4 IN RESPECT OF SY.No.7/1 AND 7/12 AND ETC., IN W.P.NO.107645/2025: BETWEEN: 1. SHARANAMMA D/O BASAVARAJMULI, AGE: 31 YEARS, OCC: AGRICULTURE, R/O. OPPOSITE POLICE STATION, TEGGIN ONI(WARD NO.23) KUSHTAGI, TQ: KUSTAGI, DIST: KOPPAL-583277. 2. SHAILAJA D/O BASAVARAJ MULI, AGE: 26 YEARS, OCC: AGRICULTURE, R/O. OPPOSITE POLICE STATION, TEGGIN ONI (WARD NO.23) KUSHTAGI, TQ: KUSTAGI, DIST: KOPPAL-583277. 3. SAVITRI D/O BASAVARAJ MULI, AGE: 25 YEARS, OCC: AGRICULTURE, R/O. OPPOSITE POLICE STATION, TEGGIN ONI(WARD NO.23) KUSHTAGI, TQ: KUSTAGI, DIST: KOPPAL-583277 4. GANGAMMA W/O BASAVARAJ MULI, AGE: 53 YEARS, OCC: AGRICULTURE, R/O. OPPOSITE POLICE STATION, TEGGIN ONI(WARD NO.23) KUSHTAGI, TQ: KUSTAGI, DIST: KOPPAL-583277 5. FAKIRAPPA S/O BASAVARAJ MULI, AGE: 29 YEARS, OCC: AGRICULTURE, R/O. OPPOSITE POLICE STATION, TEGGIN ONI(WARD NO.23) KUSHTAGI, TQ: KUSTAGI, DIST: KOPPAL-583277. 6. YAMANURAPPA D/O BASAVARAJ MULI, AGE: 25 YEARS, OCC: AGRICULTURE, - 4 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 R/O. OPPOSITE POLICE STATION, TEGGIN ONI(WARD NO.23) KUSHTAGI, TQ: KUSTAGI, DIST: KOPPAL-583277. …PETITIONERS (BY SRI. KAVITA JADHAV, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY, TOWN AND COUNTRY PLANNING DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2 THE DEPUTY COMMISSIONER, KOPPAL, DIST. KOPPAL-587101. 3. CHIEF OFFICER CITY MUNICIPALITY KUSHTAGI-583277, TQ. KUSHTAGI, DIST: KOPPAL. 4. THE ASSISTANT DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT, KOPPAL-587101, DIST: KOPPAL. 5. RAGHAVENDRA S/O. NARAYANACHAR JOSHI, AGE:68 YEARS, OCCU: AGRICULTURE, R/O: 8-11-182/18, JAWAHAR NAGAR, PANCHAMUKHI COLONY, BALUMMADODDI ROAD, TQ: DIST: RAICHUR-584103. 6. SHRINIVAS S/O. NARAYANACHAR JOSHI, AGE:66 YEARS, OCCU: AGRICULTURE, R/O: VIDYA NAGAR, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 7. BADARINATH S/O. NARAYANACHAR JOSHI, AGE:65 YEARS, OCCU: AGRICULTURE, R/O: VIDYA NAGAR, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. - 5 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 8. VENKATESH S/O. NARAYANACHAR JOSHI, AGE:63 YEARS, OCCU: AGRICULTURE, R/O: VIDYA NAGAR, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 9. BINDUMADHAV S/O. NARAYANACHAR JOSHI, AGE: 62 YEARS, OCCU: AGRICULTURE, R/O: ADIVIRAYA COLONY, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 10. KRISHNAMURTHY S/O. NARAYANACHAR JOSHI, AGE:60 YEARS, OCCU: AGRICULTURE, R/O: ADIVIRAYA COLONY, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. 11. BALARAM S/O. NARAYANACHAR JOSHI, AGE:58 YEARS, OCCU: SERVICE & AGRICULTURE, R/O: ADIVIRAYA COLONY, KUSHTAGI-583277, TQ: KUSHTAGI, DIST: KOPPAL. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R, R2 AND R4; SRI. B. SHARANABASAWA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE SANCTIONED PLAN SO FAR AS IT RELATES TO BLOCKING OF CONNECTING/ACCESS ROAD TO THE LAND OF THE PETITIONER AS PER ANNEXURE-D APPROVED BY THE RESPONDENTS NO.3 AND 4. ISSUE A WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS TO THE RESPONDENTS NO.2, 3 AND 4 TO CONSIDER THE REPRESENTATIONS AS PER ANNEXURE-F, F-1 AND F-2 AND TAKE STEPS TO PROVIDE THE CONNECTING/ACCESS ROAD TO THE LANDS OF THE PETITIONERS BY MODIFYING THE TECHNICAL LAYOUT MAP AS PER ANNEXURE-D AND ETC., THESE WRIT PETITIONS, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) 1. Shri. B.Sharanabasava., learned counsel accepts notice for respondents No.3 in W.P.No.107645/2025. 2. This petition is filed by the petitioner assailing the sanctioned layout plan marked at Annexure-C. 3. The petitioner has also sought a writ of mandamus to direct respondents No.2, 3 and 4 to consider representations dated 22.07.2024 and 23.07.2024 marked at Annexures-E, E1 and E2 respectively, to provide access to the petitioner's land bearing Sy.No.7/15 of Kushtagi village by modifying the technical layout map as per Annexure-C. 4. Learned counsel for the petitioner submits that the petitioner purchased the property bearing Sy.No.7/15 from the predecessors of respondents No.5 to 11 under registered Sale Deed. It is her submission that the petitioner had access to their property bearing Sy.No.7/15, and same is now blocked in view of formation of layout in the remaining portion of the - 7 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 property held by respondents No.6 and 7. Referring to layout plan at Annexure-C, it is urged that the petitioners do not have access to their property bearing Sy.No.7/15. 5. Learned for the respondents No.6 and 7 would contend that the layout plan is duly approved. Learned counsel would refer to Annexure-R13, the layout plan, which reveals the various roads formed in the layout. 6. This Court has perused the layout plan at Annexure-R13. Admittedly, the property bearing Sub- division No.13 (in Sy.No.7/1), as shown in the layout plan, originally belonged to the petitioner and he sold it in the year 2024. The layout plan was approved on 20.10.2023. 7. A perusal of the plan reveals that access is provided to Sy.No.7/13 in Annexure-R13. It is also noticed that Sy.No.7/15 in Annexure-R13 belongs to the petitioner. When the layout plan was approved in the year 2023, both Sy.Nos.7/13 and 7/15 in Annexure-R13 were owned by the petitioner. Therefore, access to - 8 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 Sy.No.7/13 would, by implication, also serves as access to Block No.15. If Sy.No.7/13 was sold after the approval of the layout plan, the petitioner cannot now claim a separate or independent access to Sy.No.7/15. 8. Learned counsel for the petitioner submits that a space earmarked as a garden lies adjacent to Sy.No.7/15 on the western side, and access should be provided through that space. 9. Learned for the respondents would submit that the space on the western side of Sy.No.7/15 has been handed over to the Corporation, as it is a community site, and Respondents No.5 to 11 have no authority to provide any access through it. 10. Learned counsel for respondents No.5 to 7 submits that access already exists from the layout formed by respondents No.5 to 11 to Sy.No.7/4, in addition to access from Sy.No.7/13. 11. Learned counsel for respondents No.5 to 7, on instructions from the parties, also submits that in the - 9 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 sketch annexed as Annexure-R1, access is wrongly shown as being only to Sy.No.7/14. In fact, access is also available to Sy.No.7/4 on the southern side, adjacent to Sy.No.7/14. 12. The said submission is taken on record. 13. Learned counsel for respondents No.5 to 7 also submits that, if the petitioner approaches the Corporation or the competent authority seeking access from the place meant for park adjacent to Sy.No.7/15. Respondents No.5 to 7 will have no objection. 14. However, respondents No.5 to 7 cannot be asked to bear the expenses for forming road, if any, if consented by the competent authority. 15. If any such request is made by the petitioner for providing an access adjacent to Sy.No.7/15 on the western side, the local authority shall consider the same in accordance with law. 16. With these observations, the writ petitions stand disposed of. - 10 - HC-KAR NC: 2025:KHC-D:14155 WP No. 105093 of 2024 C/W WP No. 107645 of 2025 17. In view of the above, interim order granted in the petitions stands vacated. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP,CLK, AM/CT-ASC List No.: 1 Sl No.: 48