- 1 - HC-KAR NC: 2025:KHC-D:10699 WP No. 100233 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100233 OF 2025 (GM-RES) BETWEEN: 1. 1A 1B 1C 1D SRI MOHAMMED GOUSE S/O. MURTUJASAB NAYKODI, SINCE DEAD BY LR9s RAJIYA BEGUM W/O. MAHAMAD GOUS NAIKODI, AGE: 42 YEARS MEHABOOB MAHAMAD GOUS NAIKODI AGE: 22 YEARS MURTUJ MAHAMAD GOUS NAIKODI AGE: 20 YEARS MUSKAN MAHAMAD GOUS NAIKODI AGE: 19 YEARS PETITIONER 1A TO 1D ARE RESIDING AT R/O, 48/A, SPECIAL SECTOR NO.20, NAVANAGAR, BAGOLKOTE-587103, TQ AND DIST: BAGALKOTE (AMENDED AS PER ORDER DATED 22.8.2025) &PETITIONERS (BY SRI. PRUTHVI K S,ADVOCATE) AND: 1. THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT 587103. 2. THE REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT 587103. &RESPONDENTS (BY SRI. SANJAY S. CHANAL., ADVOCATE FOR R1 AND R2) Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10699 WP No. 100233 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED CYCLOSTYLE ORDER/ LETTER/ NOTICE / ENDORSEMENT DATED. 19-12-2024 BEARING NO. PU A/BA PA A PRA/CR/2024-25/2360, PASSED BY THE RESPONDENT NO. 2 VIDE ANNEXURE-E AND ETC. THIS WRIT PETITION, COMING ON FOR FINAL 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: a. Issue a writ of certiorari to quash the impugned Cyclostyle order/letter/notice/endorsement dated 19.12.2024 bearing No. Pu A/Ba Pa A Pra/CR/2024- 25/23860, passed by the R2 vide Annexure-E: b. Issue a writ in the nature of mandamus directing the respondents to issue fresh site in terms of provisions of Site Allotment Rules 1993, sought I the application dated 16.05.2024 vide Annexure-B; c. Pass such other orders or 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. During the pendency of the above matter, the respondents have withdrawn the endorsement dated 19.12.2024 at Annexure3E, rendering the prayer at Sl.No.(i), infructuous. - 3 - HC-KAR NC: 2025:KHC-D:10699 WP No. 100233 of 2025 3. Insofar as the prayer at Sl.No.(ii), is concerned an application has been submitted by the petitioner on 16.05.2024 for issuance of fresh site in terms of Provisions of Site Allotment Rules, 1993 in favour of the petitioner, which application has remained unconsidered. 4. In view of the above, I pass the following; ORDER i. The writ petition is partly allowed. ii. A mandamus is issued, directing respondents to consider the application of the petitioner dated 16.5.2024 at Annexure-B in accordance with law and if the petitioner complies with the requirements thereof, to allot a site of the requisite category. Sd/- (SURAJ GOVINDARAJ) JUDGE SR/List No.: 1 Sl No.: 103