- 1 - NC: 2025:KHC-D:2859 WP No. 101062 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101062 OF 2025 (LB-RES) BETWEEN: 1. JAYANT S/O. BALKRISHNA JADHAV, AGE: 39 YEARS, OCC: CORPORATOR, R/O. H.NO.52, HOSUR BAVANAGALLI, BELAGAVI-590001. 2. MANGESH S/O. NARAYAN PAWAR, AGE: 51 YEARS, OCC: CORPORATER, R/O. NO.447, NAZAR CAMP, 3RD CROSS, VADAGAON, BELAGAVI-590005. …PETITIONERS (BY SRI. JOSHI SHRIPRASAD JAYATEERTH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU-01. 2. THE REGIONAL COMMISSIONER, BELAGAVI DIVISION, BELAGAVI-590001. 3. THE DEPUTY COMMISSIONER, BELAGAVI-590001. 4. SUJEET M. MULGUND, AGE: MAJOR, OCC: BUSINESS, CTS NO.4861/1, JADHAV NAGAR, BELAGAVI-590001. 5. THE EXECUTIVE ENGINEER, P.W.D., BELAGAVI DIVISION, BELAGAVI-590001. GIRIJA A BYAHATTI Digitally signed by GIRIJA A BYAHATTI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.14 15:25:53 +0530 - 2 - NC: 2025:KHC-D:2859 WP No. 101062 of 2025 6. THE COMMISSIONER, CITY CORPORATION, BELAGAVI-590001. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R3 & R5; SRI. NITIN R. BOLBANDI, ADVOCATE FOR R4; SRI. VINAY KOUJALAGI, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI AND QUASH THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 DATED 10/02/2025 IN PRA AA BE/KMC/VIVA- 05/2024-25 WHICH IS MARKED AT ANNEXURE-A; ISSUE A WRIT OF QUO WARRANTO AGAINST THE RESPONDENT NO.02 IN REGARDS WITH HIS AUTHORITY TO ADJUDICATE AND PASS THE IMPUGNED ORDER DATED 10/02/2025 IN PRA AA BE/KMC/VIVA-05/2024-25 WHICH IS MARKED AT ANNEXURE-A AND INITIATE ENQUIRY AGAINST R2 FOR ILLEGALLY PASSING THE IMPUGNED ORDER WITHOUT AUTHORITY AND ETC. 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. The petitioners are before this Court seeking for the following reliefs: i. Issue a Writ of Certiorari and quash the impugned order passed by the Respondent No.2 dated 10/02/2025 in Pra Aa Be/Kmc/ViVa-05/2024-25 which is marked at Annexure-A; ii. Issue a Writ of Quo Warranto against the Respondent No.02 in regards with his authority to adjudicate and pass the impugned order dated 10/02/2025 in Pra Aa Be/Kmc/ViVa-05/2024-25 which is marked At Annexure-A and initiate enquiry against R2 for illegally passing the impugned order without authority. - 3 - NC: 2025:KHC-D:2859 WP No. 101062 of 2025 iii. Grant any other relief deemed fit by this Hon’ble Court in the interest of justice and equity. 2. What is challenged in the present matter is an order passed under Sub-section(2) of Section 26 of the Karnataka Municipal Corporations Act, 1976, as regards which the petitioner has an alternative efficacious remedy available is terms of the appeal provided under Sub-section(3) of Section 26 of the Act. 3. Reserving such liberty and leaving all contentions open, the petitioner is relegated to such an appellate remedy. 4. The petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE gab CT-MCK List No.: 3 Sl No.: 1