- 1 - HC-KAR NC: 2025:KHC-D:12152 WP No. 105127 of 2024 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105127 OF 2024 (LB-RES) BETWEEN: MAINUDDIN S/O BABSAB AFHGAN SINCE DEAD BY HIS LR., SRI. MAKTUM SAB S/O. LATE MAINUDDIN AFHGAN, AGED ABOUT 28 YEARS, OCC. PRIVATE SERVICE, R/O. SECTOR NO. 38, PLOT NO. 241/A, NAVANAGAR, BAGALKOTE, DIST. BAGALKOTE-587103. &PETITIONER (BY SRI. GAYATRI S.R, ADVOCATE) AND: 1. THE CHIEF ENGINEER BAGALKOTE TOWN DEVELOPMENT AUTHORITY, BAGALKOTE- 587103. 2. THE REHABILITATION OFFICER BAGALKOTE TOWN DEVELOPMENT AUTHORITY, BAGALKOTE- 587103. &RESPONDENTS (BY SRI. SANJAY CHANAL, ADVOCATE FOR R1 AND R2) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.2 TO ALLOT E CATEGORY SITE TO THE PETITIONER BY CONSIDERING THE DETAILED REPRESENTATION 07.03.2024 AT ANNEXURE-J, IN TERMS OF SITE ALLOTMENT RULES 1993 CONTEMPLATED Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12152 WP No. 105127 of 2024 UNDER RULE 4(1), (2) AND (3), IN THE INTEREST OF JUSTICE AND EQUITY. 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 petitioner is before this Court seeking for the following reliefs: i. Issue Writ of Mandamus, directing the Respondent No.2 to allot <E= Category site to the petitioner by considering the detailed representation 07.03.2024 at Annexure-J, in terms of site allotment Rules 1993 contemplated under Rule 4(1), (2) and (3), in the interest of justice and equity. ii. Pass such other orders as direction as this Hon9ble court deems just and proper under the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner and his family members being the owners of certain land. The said land in CTS No. 501, Ward No. 3 has been submerged on account of the Upper Krishna Project. In terms of rehabilitation scheme, the petitioner and the family members had made an application for allotment of sites. The same - 3 - HC-KAR NC: 2025:KHC-D:12152 WP No. 105127 of 2024 not has been considered and another representation had been submitted on 07.03.2024 at Annexure-J which also has not been considered and in that background the petitioner is before this Court. 3. Notice having been issued, learned counsel Sri.Sanjay Chanal for respondent Nos.1 and 2 submits that it is on account of necessary documents not being furnished by the petitioner that the application could not be considered and necessary orders passed. 4. Even if that were to be so, it was for the respondents to have informed the petitioner about the documents required so as to enable the petitioner to have submitted the documents which also has not been done. 5. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:12152 WP No. 105127 of 2024 ii) A mandamus is issued directing respondent No.2 to consider the representation dated 07.03.2024, at Annexure-J, in terms of the Site Allotment Rules, 1993. iii) In the event of the respondents requiring any particular document, respondents are directed to call upon the petitioner within 15 days from today to submit such documents, and on submission of such documents, consider the representation and pass necessary orders within a period of 6 weeks after such submission. Sd/- (SURAJ GOVINDARAJ) JUDGE SH Ct:pa List No.: 1 Sl No.: 47