- 1 - HC-KAR NC: 2025:KHC-D:13863 WP No. 31014 of 2008 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 14TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 31014 OF 2008 (KLR-RES) BETWEEN: 1. PUNDALIK S/O PARASHURAM KALAL, AGE. 72 YEARS, OCC. BUSINESS, R/O. POLICE HEAD QUARTERS ROAD, DHARWAD. 2. JAGANNATH S/O HUSSAINJI KALAL, AGE. 60 YEARS, OCC. BUSINESS, R/O. NEAR VENKATESHWAR TEMPLE, SARASWATHPUR, DHARWAD. 3. PREMAKANTH S/O AMBAJI KALAL, AGE. 55 YEARS, OCC. BUSINESS, R/O. VEGETABLE MARKET, DHARWAD. 4. UDAY S/O NAGAPPA KOTABAGI, AGE. 40 YEARS, OCC. BUSINESS, R/O. DHANESHWAR NAGAR, BEHIND JANATA COLLEGE, DHARWAD. 5. MOHAN I. ANNIGERI, AGE. 65 YEARS, OCC. PENSIONER, R/O. ULLAGADDI ONI, DHARWAD. 6. BALAKRISHNA S/O KUBENDRAPPA KALAL, AGE. 60 YEARS, OCC. PENSIONER, R/O. ULLAGADDI ONI, DHARWAD. 7. KRISHNAJI S/O MIYAJI KALAL, AGE. 60 YEARS, OCC. BUSINESS, R/O. BHUSAPPA CHOWK, DHARWAD. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.15 10:22:51 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13863 WP No. 31014 of 2008 8. RAVI S/O NAGAPPA KOTABAGI, AGE. 45 YEARS, OCC. BUSINESS, R/O. 3RD CROSS, DHANESHWAR NAGAR, BEHIND J.S.S. COLLEGE, DHARWAD. 9. ASHOK S/O BASAVVA BHANGERA, AGE. 50 YEARS, OCC. BUSINESS, R/O. V.D. CANTEEN, NEAR J.S.S. COLLEGE, DHARWAD. 10. UDAY D. SHETTY, AGE. 52 YEARS, OCC. PAN SHOP, R/O. NEAR J.S.S. COLLEGE, DHARWAD. 11. SHEKHAR N. DEVADIGA, AGE. 45 YEARS, OCC. HOTEL BUSINESS, R/O. MANJUNATH TEA STALL, NEAR J.S.S. COLLEGE, DHARWAD. 12. RAJU SHETTY, AGE. 50 YEARS, OCC. PAN SHOP, R/O. NEAR J.S.S. COLLEGE, DHARWAD. 13. ASHOK S/O YELLAPPA KALAL, AGE. 60 YEARS, OCC. GROSSARY SHOP, R/O. BALAGAR SAL, DHARWAD. … PETITIONERS (BY SRI. F.V. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS REVENUE SECRETARY, MULTISTORIED BUILDING, BENGALURU. 2. THE REGIONAL COMMISSIONER, BELGAUM. 3. THE DEPUTY COMMISSIONER, DHARWAD. - 3 - HC-KAR NC: 2025:KHC-D:13863 WP No. 31014 of 2008 4. THE COMPETENT AUTHORITY, URBAN AGRO MORATIN, DHARWAD. 5. THE SECRETARY, HUBLI DHARWAD DEVELOPMENT AUTHORITY, NAVANAGAR, HUBLI. 6. THE A.D.L.R. LAND RECORDS AND TAHASILDAR, DHARWAD. 7. 7A. GOVINDGOUDA S/O VITHALGOUDA PATIL, SINCE DECEASED BY LR’S., SADHIR S/O GOVINDGOUDA @ BALASAHEB PATIL, AGE. 63 YEARS, OCC. BUSINESS, R/O. #280, 2ND MAIN, 2ND CROSS, NARAYANPUR, DHARWAD-580 008. 8. THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU. 9. SHRI KRISHNAGOUDA S/O HANUMATHGOUDA ODUGOUDAR, AGE. 42 YEARS, ONI, NEAR DYAMMAVVA TEMPLE, HULKOTI, TQ/DIST. GADAG-582 205. … RESPONDENTS (BY SMT.MALA B. BHUTE, AGA FOR R1 TO R3, R6 AND R8; SRI. R.H. ANGADI, ADVOCATE FOR R5; SRI. D.M. MANJUNATH, ADVOCATE FOR R9; R7-ABATED V/O/D 22.05.2023; SRI. DAYANAND M. BANDI, ADVOCATE FOR R7(A); NOTICE TO R4 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF WRIT OF CERTIORARI TO QUASH THE ORDER AS PER ANNEXURE-L THE ORDERS PASSED IN LND/CR/APL.NO.187/1983-84 DATED 03.11.2007 BY THE RESPONDENT NO.3 AND ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 5 TO RESTORE THE ROAD TO THE PETITIONERS AND IN GENERAL PUBLIC. - 4 - HC-KAR NC: 2025:KHC-D:13863 WP No. 31014 of 2008 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order dated 03.11.2007 passed by respondent No.3, marked at Annexure-L. 2. In terms of the said order at Annexure-L, the Deputy Commissioner, Dharwad has granted 02 guntas 12 annas of land in Sy.No.190 which is adjacent to Sy.No.68. The said 02 guntas 12 annas of land in Sy.No.190 are meant for the use of the road to reach Sy.No.68, which is a graveyard. A direction is also issued to Govindgouda Vitthal Gouda Patil, the grantee of Sy.No.190 not to obstruct the use of the road in the aforementioned 02 guntas 12 annas of land. 3. The petitioners who are beneficiary of the grant vide Annexure-L are before this Court on the premise that though 02 guntas 12 annas of land are granted providing an access to Sy.No.68, same is not in compliance with the direction issued by the Division Bench of this Court in W.A.No.2759/1999. - 5 - HC-KAR NC: 2025:KHC-D:13863 WP No. 31014 of 2008 4. Learned counsel for the petitioners would refer to the operative portion of the order passed in the aforementioned Writ Appeal and would contend that direction was issued by this Court to the Deputy Commissioner to demarcate and provide a road sufficient for the movement of atleast one vehicle to reach the graveyard. It is his submission that the order at Annexure-L is not in compliance with the direction issued in W.A.No.2759/1999 referred to above. 5. Learned counsel for respondent No.7 would contend that the petitioners’ claim is misconceived. It is his submission that the graveyard in Sy.No.68 has access from three other points and despite that respondent No.7 has graciously consented to surrender 02 guntas 12 annas of land in Sy.No.190 which was earlier Sy.No.66. It is his further submission that because a road is provided in an area measuring 02 guntas 12 annas of land, the said road connects to other roads which will provide access to Sy.No.68. Learned counsel for respondent No.7 would also refer to other routes which provide access to the graveyard in Sy.No.68 as depicted in Annexure-R1-the survey sketch. - 6 - HC-KAR NC: 2025:KHC-D:13863 WP No. 31014 of 2008 6. This Court has considered the contentions raised in the bar and perused the records. 7. The sum and substance of the order passed by the Division Bench of this Court in the aforementioned writ appeal is to provide access to the graveyard in Sy.No.68 referred to above. The order does not specifically say anything about the length and width of the road and the place where the access is to be provided. The order only provides for an access. 8. From the report at Annexure-L, it is noticed that there are two roads on either side of Sy.No.68. By providing 02 guntas 12 annas in Sy.No.66 which is renumbered as Sy.No.190, access which was already there is made more convenient by utilizing 2 guntas 12 annas of land in Sy.No.190 surrendered by respondent No.7. 9. Under these circumstances, this Court does not find any reason to pass any further orders. Accordingly, the writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK_CT:BCK