SHRI. PALAKSHA S/O BASAPPA BANAD v. THE STATE OF KARNATAKA
WP/103993/2024 · 2025-10-14
M Nagaprasanna
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52239 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52239 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:13786 WP No. 103993 of 2024
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103993 OF 2024 (GM-RES) BETWEEN:
SHRI. PALAKSHA S/O. BASAPPA BANAD, AGE: 37 YEARS, OCC: SERVICE RETD.
R/O: SURABHI, NO.7, 1ST B MAIN ROAD, MUTHYALANAGAR, BENGALURU NORTH, MSRIT, BENGALURU – 560 054. …PETITIONER (BY SRI. A. S. PATIL, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, TO THE DEPARTMENT OF PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT, M. S. BUILDING, BENGALURU – 560 001.
2.
THE CHIEF ENGINEER, NATIONAL HIGHWAYS, K. R. CIRCLE, BENGALURU – 560 001.
3.
THE DEPUTY COMMISSIONER, BAGALKOTE DISTRICT, BAGALKOTE 587103, TALUK: BAGALKOTE, DIST: BAGALKOTE.
4.
THE EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, VISVESHWARA NAGAR, HUBBALLI 580032, TQ: HUBBALLI, DIST: DHARWAD.
5.
THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, SECTOR NO.23, NAVANAGAR, BAGALKOTE – 581 103.
Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad
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HC-KAR NC: 2025:KHC-D:13786 WP No. 103993 of 2024
6.
THE ASSISTANT DIRECTOR OF TOWN AND COUNTRY PLANNING, OLD SBI BUILDING, NEAR TAHASILDAR OFFICE, BAGALKOTE – 587 101.
7.
THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAYS SUB DIVISION, YELBURGA 583236, TALUK: YELBURGA, DIST: YELBURGA.
8.
THE TAHASILDAR, BADAMI TALUKA, BADAMI 587201, TQ: BADAMI, DIST: BAGALKOTE.
9.
THE GRAM PANCHAYATH, BELUR – 587 114, TQ: BADAMI, DIST: BAGALKOTE, REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER (PDO) …RESPONDENTS (BY SRI. V.S.KALSURMATH, AGA FOR R1, R3, R5, R6 & R8;
SRI. SHIVASAI M. PATIL, ADVOCATE FOR R2, R4, R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NO. 6 TO APPROVE THE LAYOUT PLAN IN RESPECT OF THE LAND BELONGING TO THE PETITIONER BEARING R.S. NO. 8/2A MEASURING 03 ACRES SITUATED AT BELUR VILLAGE OF BADAMI TALUK, DIST BAGALKOTE, BY RE-CONSIDERING THE MATTER BY TAKING NOTE OF THE RELEVANT DOCUMENTS FURNISHED BY THE PETITIONER ALONG WITH THE REPRESENTATION DATED 16.04.2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO. 6 AS PER ANNEXURE-L AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:13786 WP No. 103993 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
1. The petitioner is before this Court seeking the following prayer:
I. Issue Writ of Mandamus or any other order or Direction, directing the Respondents No. 6 to approve the layout plan in respect of the land belonging to the petitioner bearing R.S. No. 8/2a measuring 03 acres situated at Belur village of Badami Taluk, Dist Bagalkote, by re-considering the matter by taking note of the relevant documents furnished by the petitioner along with the representation dated 16.04.2024 submitted by the petitioner to the respondent no. 6 as per Annexure-L.
II. Issue any other appropriate Writ or Order or Direction which deems fit to grant by this Hon’ble Court under the facts and circumstances of the case in the interest of justice and equity.
2. Heard the learned counsel Sri.A.S.Patil for the petitioner, learned AGA Sri.V.S.Kalasurmath for respondent- State and the learned counsel Sri.Shivasai M.Patil appearing for respondent Nos.2, 4 and 7.
3. The petitioner is said to be the owner of land bearing R.S.No.8/2A. The petitioner is said to have submitted a representation to the respondent No.6 seeking
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HC-KAR NC: 2025:KHC-D:13786 WP No. 103993 of 2024
approval of a plan. The plan though is approved, but has some error in it. The error is with regard to depiction of a national highway that passes through the layout that is sought to be established by the petitioner.
4. The
learned counsel for the petitioner Sri.A.S.Patil submits that representation is submitted seeking rectification of the same on 16.04.2024 and the same is pending consideration at the hands of the respondent No.6.
5. The learned AGA Sri.V.S.Kalasurmath would submit that if reasonable time is granted, the representation of the petitioner would be answered on its merit and appropriate orders would be passed.
6. In that light, I deem it appropriate to dispose the petition with a direction to the respondent No.6 to consider the representation of the petitioner dated 16.04.2024 for the purpose for which it is submitted in accordance with law
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HC-KAR NC: 2025:KHC-D:13786 WP No. 103993 of 2024
within outer limit of 12 weeks from the date of receipt of the copy of the order. Ordered accordingly.
Sd/- (M.NAGAPRASANNA) JUDGE
KGK/CT-ASC List No.: 1 Sl No.: 9