- 1 - HC-KAR NC: 2025:KHC-D:9076 WP No. 104931 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104931 OF 2025 (GM-RES) BETWEEN: BHAGAVAN GOUTAM BUDDHA VIHAR NIRMAN SAMEETI (R), NEAR APMC, NAVANAGAR, BAGALKOTE, REPRESENTED BY ITS PRESIDENT, SHRI PARASHURAM NEELANAIK, AGE: 55 YEARS, R/O. DOOR NO.121 SECTOR NO.49, NAVANAGAR, BAGALKOTE-587103, TQ: & DIST: BAGALKOTE. …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BAGALKOTE-587103, DIST: BAGALKOTE. 3. THE ASSISTANT COMMISSIONER, BAGALKOTE-587103, DIST: BAGALKOTE. 4. THE TAHASILDAR, BAGALKOTE-587103, DIST: BAGALKOTE. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2 TO VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9076 WP No. 104931 of 2025 ISSUE GRANT ORDER IN RESPECT OF THE LAND BRG SVY NO.131 MEASURING TO AN EXTENT OF 4 ACRES 27 GUNTAS SITUATED AT BAGALKOTE-587103, TQ AND DIST BAGALKOTE BY CONSIDERING THE REPRESENTATION DATED 14/7/2025 VIDE ANNEXURE-G SUBMITTED BY THE PETITIONER, IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Heard the learned counsel for the petitioner. 2. Learned AGA is directed to accept the notice for respondents No.1 to 4. 3. The present petition is filed by the petitioner seeking issuance of a Writ of Mandamus to direct Respondent No.2 to issue a Grant Order in respect of the land bearing Sy.No.131, measuring 4 Acres 27 Guntas, situated at Bagalkote, by considering the representation dated 14.07.2025, vide Annexure–G. 4. The brief facts of the case are that the petitioner is a registered Society under the Karnataka Societies Registration Act, 1960, established for the purpose of carrying out social, cultural, and religious - 3 - HC-KAR NC: 2025:KHC-D:9076 WP No. 104931 of 2025 activities. The land in question has been under the possession and use of the petitioner Society for several years and it is stated that the petitioner Society has already developed the subject land by erecting statues of Dr. B.R. Ambedkar, Basavanna, a Buddha Mandir and constructed a Sabha Mantap and other cultural structures. 5. It is the grievance of the petitioner that, originally, different portions of the said land were allotted to various Government Departments, for official purposes. However, based on the material on record, it appears that the respective departments have subsequently communicated their inability to utilise the said land for departmental purposes and have sought No Objection Certificates for allotment of alternative lands, as evident from the letters dated 12.06.2025, 23.06.2025 and 30.06.2025 produced as Annexures–E, E1 & E2. 6. Further, it is stated that a spot inspection was conducted by Respondent No.4 –Tahasildar and a report has been submitted stating that the existence of - 4 - HC-KAR NC: 2025:KHC-D:9076 WP No. 104931 of 2025 permanent structures belonging to the petitioner Society and community facilities developed by the petitioner Society on the said land. It is also noted that the Bagalkote Town Development Authority has passed a resolution to release funds for infrastructure development in the said area, which further indicates that the land has already been put to community use and development and supports the claim of the petitioner. 7. The learned counsel for the petitioner has contended that despite making repeated oral requests and the submission of a detailed representation dated 14.07.2025 at Annexure–G to respondent No.2 seeking issuance of the Grant Order for regularisation/allotment of the land in favour of the petitioner Society, no action has been taken so far, compelling the petitioner to approach this Court. 8. The learned AGA submits that the representations made by the petitioners will be considered - 5 - HC-KAR NC: 2025:KHC-D:9076 WP No. 104931 of 2025 by the concerned respondents, provided a reasonable time is granted for the same. 9. Having regard to the facts and circumstances of the case and considering the documents produced by the learned counsel for the petitioner and the submission made by the learned AGA, this Court is of the opinion that it is just and appropriate to direct Respondent No.2 to consider the representation submitted by the petitioner and take an appropriate action in accordance with law. 10. Accordingly, I pass the following: ORDER i. The Writ Petition is hereby allowed. ii. A Writ of Mandamus is issued directing Respondent No.2 – The Deputy Commissioner, Bagalkote, to consider the petitioner’s representation dated 14.07.2025 vide Annexure–G and to pass appropriate orders in accordance with law, after affording an opportunity of hearing to the Petitioner - 6 - HC-KAR NC: 2025:KHC-D:9076 WP No. 104931 of 2025 and other stakeholders, within a period of twelve (12) weeks from the date of receipt of a copy of this order. iii. It is made clear that this Court has not expressed any opinion on the merits of the petitioner’s claim and that respondent No.2 shall consider the same independently in accordance with applicable rules and regulations. iv. Liberty is reserved to the petitioner to seek appropriate remedy in accordance with law, if it is aggrieved by the order that may be passed by Respondent No.2. Sd/- (PRADEEP SINGH YERUR) JUDGE RHR/- CT-MCK List No.: 1 Sl No.: 22