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2025 DAILYLAW 52507 (KAR)

SRI BASAVARAJ S/O NINGAPPA HADAPAD v. THE STATE OF KARNATAKA

WP/104206/2025 · 2025-09-22

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:12966 WP No. 104206 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104206 OF 2025 (GM-RES) BETWEEN: 1. SRI BASAVARAJ S/O NINGAPPA HADAPAD AGED ABOUT 56 YEARS, OCC. TEMPLE RITUAL SERVICE RESIDING AT H.NO.32, WARD NO, 17, SAUNDATTI, BELAGAVI DISTRICT KARNATAKA – 591 126 2. SRI ASHOKA S/O. GANGAPPA KOPPAD AGE ABOUT 59 YEARS, OCC. TEMPLE RITUAL SERVICE RESIDENT OF SAUNDATTI TALUK SAUNDATTI BELAGAVI DISTRICT KARNATAKA … PETITIONERS (BY SRI. GANESH RAIBAGI, ADVOCATE AND SRI PAVAN RAIBAGI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT (MUZRAI) VIDHANA SOUDHA, BENGALURU – 560 001 2. THE SHRI RENUKA YELLAMMA TEMPLE DEVELOPMENT AUTHORITY YELLAMMANAGUDDA, TALUK SAUNDATTI Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12966 WP No. 104206 of 2025 DIST. BELAGAVI – 591 126 REPRESENTED BY ITS SEDCRETARY 3. THE SECRETARY/EXECUTIVE OFFICER SHRI RENUKA YELLAMMA TEMPLE DEVELOPMENT AUTHORITY YELLAMANAGUDDA, TALUK SAUNDATTI DIST. BELAGAVI – 591 126 4. THE DEPUTY COMMISSIONER AND MEMBER SHRI RENUKA YELLAMMA TEMPLE DEVELOPMENT AUTHORITY OFFICE OF THE DEPUTY COMMISSIONER BELAGAVI DIST. BELAGAVI – 591 126 … RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1; SRI SUNIL DESAI, ADVOCATE FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, QUASHING THE ILLEGAL ACTION OF THE RESPONDENTS IN LOCKING THE PETITIONERS’ RESPECTIVE COMMERCIAL PREMISES SHOP BEARING PB2 RESPECTIVELY AT SHRI. RENUKA YELLAMMA TEMPLE, SAUNDATTI AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING TO 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 or any other appropriate writ, quashing the illegal action of the Respondents in locking the Petitioners’ respective commercial - 3 - HC-KAR NC: 2025:KHC-D:12966 WP No. 104206 of 2025 premises shop bearing PB2 respectively at Shri. Renuka Yellamma Temple, Saundatti; b. Issue a further Writ of Mandamus directing the Respondents the consider to Petitioners’ representations dated 29.05.2025, 18.06.2025 and 18.06.2025 at Annexure-E, F and G respectively and pass a reasoned, positive order for their rehabilitation, within a time-frame stipulated by this Hon’ble Court; c. Issue a Writ of Mandamus or any other appropriate writ, directing the Respondents to forthwith remove their illegal locks and restore peaceful possession of the respective premises shop bearing No. PB2 respectively to the Petitioners to resume their livehood; d. Pass such other and further orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity. 2. An application in IA No.1 of 2025 has been filed for recall of the order dated 11.09.2025. It is stated that the parties have amicably resolved the dispute between themselves, in furtherance of which the said application has been filed. 3. Apart from the said application is accompanied by verifying affidavit. It is submitted that respondents would be allotting Shop No.A-44 and A-50 to the petitioners and that the petitioners are fully satisfied with such allotment. - 4 - HC-KAR NC: 2025:KHC-D:12966 WP No. 104206 of 2025 4. Placing on record the submission of both the counsels that the dispute between the parties have been settled by allotment of shops No.A-44 and A-50, the petition stands disposed. 5. In view of disposal of the main petition, pending IA's does not survive for consideration. Hence, IA stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 1