- 1 - HC-KAR NC: 2025:KHC-D:11656 WP No. 104486 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.104486 OF 2025 (LB-RES) BETWEEN: ASHOK S/O. BASAPPA MANASUR, AGE: 58 YEARS, OCC. AGRICULTURE, SARSWATPUR, DHARWAD-580001, TQ AND DIST. DHARWAD. …PETITIONER (BY SRI. PRUTHVIRAJ P. HITTALAMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SECRETARY URBAN DEVELOPMENT, DEPARTMENT NO. 504, 5TH FLOOR, 4TH GATE, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE COMMISSIONER DIRECTORATE OF URBAN LAND DEPARTMENT URBAN DEVELOPMENT DEPARTMENT, BMTC TIMC, B BLOCK, 4TH FLOOR, SHANTINAGAR, KH ROAD, BENGALURU-560027. 3. THE DEPUTY COMMISIONER DHARWAD, TQ AND DIST. DHARWAD-580001. 4. THE JOINT DIRECTOR OF LAND RECORDS, CITY SURVEY, BELAGAVI, TQ AND DIST. BELAGAVI-590001. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11656 WP No. 104486 of 2025 5. THE TECHNICAL ASSISTANT TO DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, CITY SURVEY OFFICE, DHARWAD, TQ AND DIST.DHARWAD-580001. 6. THE ASSIST. DIRECTOR OF LAND RECORDS CITY SURVEY OFFICE, DHARWAD-580001. TQ AND DIST.DHARWAD. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1 TO R6) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE NOTICE DATED 26-11- 2019 ISSUED BY THE RESPONDENT NO.5 IN Kra. Bhu.U.Ni- 2/4(A)- 04/2019-20 AT VIDE ANNEXURE-S AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN Kra. Bhu.U.Ni -2/4(A)- 04/2019-20 IN SO FAR PETITIONER IS CONCERNED PENDING BEFORE THE RESPONDENT NO.5 AND IN THE ALTERNATIVE. 2. ISSUE A WRIT, ORDER OR DIRECTION IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENT NO.5 TO CONCLUDE THE PROCEEDINGS IN Kra. Bhu.U.Ni - 2/4(A)- 04/2019-20 PENDING BEFORE HIM WITHIN 03 MONTHS. 3. PASS SUCH OTHER ORDER/ORDERS AS THIS HON BLE COURT DEEMS FIT, IN THE FACTS AND CIRCUMSTANCE OF THE CASE, INCLUDING ORDERS AS TO COASTS, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11656 WP No. 104486 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: 1. Issue a writ in the nature of certiorari quashing the notice dated 26-11-2019 issued by the respondent no.5 in Kra. Bhu.U.Ni-2/4(a)- 04/2019-20 at vide Annexure-S and consequently quash the entire proceedings in Kra. Bhu.U.Ni-2/4(a)- 04/2019-20 in so far Petitioner is concerned pending before the Respondent No.5 and in the alternative. 2. Issue a writ, order or direction in the nature of mandamus, directing the respondent no.5 to conclude the proceedings in Kra. Bhu.U.Ni-- 2/4(a)- 04/2019-20 pending before him within 03 months. 3. Pass such other order/orders as this Hon’ble court deems fit, in the facts and circumstance of the case, including orders as to coasts, in the interest of justice. 2. The initial grievance of the petitioner was that reply to the show-cause notice submitted by the petitioner was not considered and without doing so, the impugned orders were passed. 3. Learned Additional Government Advocate appearing for respondents-State on instructions submits that a - 4 - HC-KAR NC: 2025:KHC-D:11656 WP No. 104486 of 2025 fresh show-cause notice has been issued on 04.09.2025 and once reply of the petitioner is received, the same would be considered and necessary orders passed. In that view of the matter, I pass the following; ORDER i. Writ petition is allowed. ii. A certiorari is issued. The impugned notice dated 26.11.2019 issued by respondent No.5 at Annexure-S is quashed. iii. Liberty is reserved to the petitioner to reply to the show-cause notice dated 04.09.2025, which reply shall be furnished by 15.09.2025, the respondents are directed to pass an order within four weeks thereafter. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/- Ct:pa List No.: 1 Sl No.: 70