- 1 - HC-KAR NC: 2025:KHC-D:10011 WP No. 103315 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103315 OF 2025 (LB-RES) BETWEEN: MR. BHARATESH PATIL, AGED ABOUT 64 YEARS, OCC. AGRICULTURIST, SON OF MR. VARDHMANGOUDA PATIL, RESIDENT OF KOGILGERI, POST: ARAVATGI-580 007, TQ. ALNAVAR. …PETITIONER (BY SRI. P.V. GUNJAL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, DHARWAD-580 001. 2. THE CEO, ZILLA PANCHAYAT, DHARWAD-580 007. 3. THE TAHASILDAR, TQ. ALNAVAR-580 007. 4. THE ADMINISTRATIVE OFFICER, TALUK PANCHAYAT, ALNAVAR-580 007. 5. PANCHAYAT DEVELPMENT OFFICER, GRAM PANCHAYAT, ARAVATGI-580 007. 6. MR. KALMESH S. BADIGER, AGED ABOUT 64 YEARS, Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10011 WP No. 103315 of 2025 OCC. AGRICULTURIST, SON OF MR. SHIVAMURTHYAPPA BADIGER, RESIDENT OF KOGILGERI, POST: ARAVATGI-580 007, TQ. ALNAVAR. …RESPONDENTS (BY SRI. RAMESH CHIGARI, ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 5 TO INITIATE APPROPRIATE ACTION AGAINST RESPONDENT NO. 6 AS SOUGHT BY THE REPRESENTATION DATE. 9TH MAY 2025, ANNEXURE-H ADDRESSED TO RESPONDENT NO. 1.B. DIRECT RESPONDENT 1 TO 5 TO INITIATE ACTION TO RECLAIM POSSESSION OF THE ENCROACHED LANDS BEING A PART OF RS NO. 3 OF KOGILGERI VILLAGE OF ALNAVAR TALUK, WHICH IS IN ILLEGAL OCCUPATION OF RESPONDENT NO. 6.C. ISSUE SUCH OTHER WRIT, GIVE SUCH OTHER DIRECTIONS OR PASS SUCH OTHER ORDER AS THIS HON BLE COURT CONSIDERS PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE.IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No. 1 to 3. 2. Notice to respondents No.4 to 6 is dispensed with in view of proposed order to be passed. 3. The petitioner is before this Court seeking for the following reliefs: - 3 - HC-KAR NC: 2025:KHC-D:10011 WP No. 103315 of 2025 a. Issue a Writ of Mandamus directing the Respondents 1 to 5 to initiate appropriate action against Respondent no. 6 as sought by the representation date 9th may 2025, Annexure-H addressed to respondent no. 1. b. Direct Respondents 1 to 5 to initiate action to reclaim possession of the encroached lands being a part of Rs No. 3 of Kogilgeri village of Alnavar Taluk, which is in illegal occupation of Respondent No. 6. c. Issue such other writ, give such other directions or pass such other order as this Hon’ble Court considers proper in the facts and circumstances of the case, in the interest of justice and equity. 4. On enquiry, learned counsel for the petitioner was asked whether the petitioner is a neighbour of the property where the construction is being carried out. Learned counsel for the petitioner fairly submits that he is not a neighbour, but the petitioner is a former member of the Gramapanchayat and, as such, the petition has been filed in the interest of the Gramapanchayat. 5. If that be so, a private lis cannot be agitated in a writ petition of this kind. The mandamus which has been sought by the petitioner cannot be granted in the present - 4 - HC-KAR NC: 2025:KHC-D:10011 WP No. 103315 of 2025 private lis, since the petitioner does not possess any vested legal right warranting consideration by this Court. 6. Reserving liberty to the petitioner to file a public interest litigation, the writ petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/Ct:pa/List No.: 1 Sl No.: 38