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2025 DAILYLAW 52092 (KAR)

SRI. CHANNABASAV S/O. VISHWANATH DANDINMATH v. THE STATE OF KARNATAKA

WP/105160/2025 · 2025-07-29

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:9368 WP No. 105160 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 29TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105160 OF 2025 (KLR-RES) BETWEEN: 1. SRI. CHANNABASAV S/O. VISHWANATH DANDINMATH, AGE: 66 YEARS, OCC: PRIEST, R/O: GANACHARI GALLI, BELAGAVI, DIST: BELAGAVI – 590 001. 2. SRI. VILAS S/O. VISHWANATH DANDINMATH, AGE: 66 YEARS, OCC: PRIEST, R/O: GANACHARI GALLI, BELAGAVI, DIST: BELAGAVI – 590 001. PETITIONERS 1 AND 2 R/BY THEIR GENERAL POWER OF ATTORNEY HOLDER, SHRISHAIL C. PUDAKALKATTI, AGE: 58 YEARS, OCC: BUILDER, R/O: PLOT NO.384, HANUMAN NAGAR, 3RD STAGE, BELAGAVI – 590 001. …PETITIONERS (BY SRI. S B HEBBALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO DEPARTMENT, OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU – 560 001. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9368 WP No. 105160 of 2025 2. THE DEPUTY COMMISSIONER, BELAGAVI, DIST: BELAGAVI – 590 001. 3. COMPETENT AUTHORITY, BELGAUM URBAN AGGLOMERATION AND SPECIAL DEPUTY COMMISSIONER, BELAGAVI – 590 001. 4. THE TAHSILDAR, BELAGAVI – 590 001. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO. 4 TO DELETE THE NAME OF THE GOVERNMENT AND RESTORE THE NAMES OF THE PETITIONERS AND OTHER CO- OWNERS IN THE COLUMN 9 AND 12 OF RTC OF THE LANDS BEARING R.S. NO. 1364/B/2 MEASURING 6156.31 SQ.M. AND 1383 MEASURING 923.17 SQ.M. SITUATED AT BELAGAVI, IN COMPLIANCE OF THE ORDER OF THIS HON’BLE COURT DATED 24.08.2024 PASSED IN WP NO. 107156/2015 VIDE ANNEXURE- C AND ALLOW THE WRIT PETITION AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9368 WP No. 105160 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: I. A writ in the nature of Mandamus, directing the Respondent No. 4 to delete the name of the Government and restore the names of the Petitioners and other Co-owners in the column 9 and 12 of RTC of the lands bearing R.S. No. 1364/B/2 measuring 6156.31 sq.m. and 1383 measuring 923.17 sq.m. situated at Belagavi, in compliance of the order of this Hon’ble Court dated 24.08.2024 passed in W.P No. 107156/2015 vide Annexure-C and allow the writ petition. II. Any other appropriate writ, order or direction as deemed fit and proper be issued, in the interest of justice and equity. 2. In compliance of the order of this Court dated 24.08.2024, passed in W.P No. 107156/2015, learned Additional Government Advocate submits that the said order has been challenged in W.A. No.100048/2025, which is presently pending consideration. 3. If that be the case, the question of issuing a writ of mandamus to enforce an order that is sub judice in an appeal would not arise at this stage. - 4 - HC-KAR NC: 2025:KHC-D:9368 WP No. 105160 of 2025 4. Liberty is, however, reserved to the petitioner to address his grievance in the pending writ appeal. 5. Accordingly, the writ petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE VB List No.: 1 Sl No.: 76