- 1 - HC-KAR NC: 2025:KHC-D:8503 WP No. 102098 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 8TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102098 OF 2025 (GM-RES) BETWEEN: 1. SHRI YANKAPPA L. KOTABAGI, AGE: 78 YEARS, OCC: NIL, R/O. MUGULKOHD, TQ: MUDHOL, DIST: BAGALKOT-587113. 2. SHRI PRAKASH S/O. CHIDANAND KOTABAGI, AGE: 35 YEARS, OCC: SERVICE, R/O. MUGULKOHD, TQ: MUDHOL, DIST: BAGALKOT-587113. …PETITIONERS (BY SRI. SANTOSH B. RAWOOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY CHIEF SECRETARY TO THE GOVERNMENT, VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BAGALKOT-587110. 3. THE TAHSILDAR, MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587110. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION, BY DIRECTING THE RESPONDENT NO.3 TO IMPLEMENT THE ORDER DATED 29/10/2024 PASSED BY HIM IN CASE BEARING NO.LND/189561/24-25 VIDE ANNEXURE-E WITHIN EIGHT WEEKS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8503 WP No. 102098 of 2025 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard the learned counsel for the petitioners and the learned AGA for the respondents. 2. This petition is filed by the petitioners seeking a direction to respondent No.3 to implement the order passed by him dated 29.10.2024 in case bearing No.LND/189561/24-25 vide Annexure-E. 3. It is the case of the petitioners that, they are the owners of land bearing R.S. No.108/2/E measuring 6 acres 20 guntas situated at Mugulkohod in Mudhol taluka, Bagalkot district. It is the further case of the petitioners that, the entire R.S. No.108 measures 24 acres and the adjacent land owners have diverted the small stream existing in R.S. No.108 towards the petitioners’ land due to which the water is flowing to their land and is entering to their house and they cannot cultivate the land. Hence, they made a representation to respondent No.2-Deputy Commissioner to - 3 - HC-KAR NC: 2025:KHC-D:8503 WP No. 102098 of 2025 stop the illegal acts of the adjacent owners which was forwarded to respondent No.3-Tahashildar. Respondent No.3 issued notice to all the owners of the land in R.S. No.108 and on conducting spot inspection found the stream was blocked by some adjacent land owners and passed an order to remove the blockage. Despite the order passed by respondent No.3, the encroachers have not removed the blockage of the stream. Thereafter a final notice was issued by respondent No.3 on 20.01.2025 calling upon the encroachers to remove the blockage within 7 days of notice, failing which action would be taken in accordance with the Rules. Since no action is taken by respondent No.3 till date to implement the order dated 29.10.2024, the petitioners are before this Court. 3. Learned AGA representing the State submits that, if reasonable time is granted, respondent No.3 would undertake to implement the order dated 29.10.2024. 4. Under the circumstances, I pass the following: - 4 - HC-KAR NC: 2025:KHC-D:8503 WP No. 102098 of 2025 ORDER i) The petition is allowed. ii) A writ of mandamus is issued directing respondent No.3 to implement the order bearing No.LND/189561/24-25 vide Annexure-E within three months from the date of receipt of a copy of this order. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK