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2025 DAILYLAW 53716 (KAR)

SAVITRI W/O. BAPUJI CHANAL v. THE DEPUTY COMMISSIONER

WP/104234/2025 · 2025-09-09

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:11654 WP No. 104234 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.104234 OF 2025 (KLR-RES) BETWEEN: 1. SAVITRI W/O. BAPUJI CHANAL, AGE: 65 YEARS, OCC. HOUSE MAKER AND AGRICULTURE, 2. SANJAY S/O. BAPUJI CHANAL, AGE: 42 YEARS, OCC. ADVOCATE, BOTH ARE R/O. 28, SHILPA, NEAR OM SCHOOL, SIDDARUDH NAGAR, DHARWAD-580003. …PETITIONERS (BY SRI. H.N. GULARADDI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER NAVANAGAR, BAGALKOT, DIST. BAGALKOT-587101. 2. THE ASSISTANT COMMISSIONER REVENUE BAGALKOT, DIST. BAGALKOT-587301. 3. THE TAHASHILDHAR BAGALKOT, DIST. BAGALKOT-587301. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11654 WP No. 104234 of 2025 THIS WRIT PETITION IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO; I) ISSUE A WRIT IN NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT AND QUASH THE ENDORSEMENT ORDER ON DATED 13/06/2025 PASSED BY THE RESPONDENT NO.3 IN BEARING NO.LND/ROAD/CR/371 2025-26 PRODUCED VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE; II) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 MAKE/CREATE THE ACCESS TO THE PETITIONER S LAND BEARING SY NO.298/1 MEASURING 8 ACRES 24 GUNTAS SITUATED AT HALLUR VILLAGE TQ AND DIST. BAGALKOT AS PER THE LETTER ISSUED BY THE RESPONDENT NO.14/01/2025. 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. The petitioners are before this Court seeking for the following reliefs: i. Issue a writ in nature of Certiorari or any other appropriate writ and quash the endorsement order on dated 13/06/2025 passed by the respondent No.3 in bearing No.LND/ROAD/CR/371-2025-26 produced vide Annexure-E in the interest of justice. ii. Issue a writ of Mandamus directing the respondent No.3 make/create the access to the petitioner’s land bearing Sy No.298/1 measuring 8 Acres 24 guntas situated at Hallur Village Tq. and Dist. Bagalkot as per the letter issued by the respondent No.14/01/2025. iii. Pass such other order or orders this Hon’ble Court may deem fit in the circumstances of the case. - 3 - HC-KAR NC: 2025:KHC-D:11654 WP No. 104234 of 2025 2. The grievance of the petitioners is that the lands which have been granted to the petitioners do not have any access by either a cart road or a pathway. The representations which have been submitted by the petitioners have not yielded any results. Instead, respondent No.1 has negated the claim of the petitioners on the ground that the village map does not indicate any particular pathway to the said lands. The respondents/State have now come up with a scheme of ‘Namma Hola Namma Dari’, it is but required for the office of the respondents/State to implement the said scheme, by following due procedure. The same not having been done, I pass the following: ORDER i. Writ petition is allowed. ii. A certiorari is issued. Impugned endorsement dated 13.06.2025 passed by respondent No.3 at Annexure-E is quashed. - 4 - HC-KAR NC: 2025:KHC-D:11654 WP No. 104234 of 2025 iii. A mandamus is issued directing respondent No.3 to act in terms of the ‘Namma Hola Namma Dari’ scheme and provide necessary access to the petitioners’ land, if no access is available, within a period of six months from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 1 Sl No.: 68