- 1 - NC: 2025:KHC-D:2203 WP No. 103151 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.103151 OF 2024 (LB-RES) BETWEEN: SHRI BASAPPA S/O. BHARAMAPPA AIRANI, AGE: 80 YEARS, OCC: RETIRED, R/O:CTS NO. 2871/A2, NADIGGERI ONI, OLD TALUKA OFFICE, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI – 581 115. …PETITIONER (BY SMT. NIRMALA B. G AND SRI N.H.PATIL., ADVOCATES) AND: 1. THE COMMISSIONER CITY MUNICIPAL COUNCIL, RANEBENNUR, TQ: RANEBENNUR, DIST: HAVERI – 581 115. 2. SHRI KARABASAPPA LAXMAPPA AIRANI, NADIGGER ONI, P-B ROAD, RANEBENNUR, DIST: HAVERI – 581 115. …RESPONDENTS (BY SRI PRASHANT S. HOSAMANI, ADVOCATE FOR R1; SRI HANUMANTHREDDY SAHUKAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 08/02/2024 VIDE ANNEXURE-F AND ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.1 TO REMOVE THE ILLEGAL STRUCTURE MEASURING 56.40X20.4.1150.56 SQ.FT CONSTRUCTED BY RESPONDENT NO.2 IN CTS NO.2872A2/B IN ACCORDANCE WITH LAW IN THE INTEREST OF JUSTICE AND EQUITY. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2203 WP No. 103151 of 2024 THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING N GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs; “A. Issue a writ in the nature of certiorari quashing the impugned order dated 08.02.2024 vide Annexure-F and issue a writ of mandamus, directing the Respondent No.1 to remove the illegal structure measuring 56.4x20.4=1150.56 sq.ft constructed by Respondent No.2 in CTS No.2872A2/B in accordance with law in the interest of justice and equity.” 2. The grievance of the petitioner is that respondent No.2 has put up construction without obtaining permission from respondent No.1. 3. Learned counsel appearing for respondent No.1 submits that the construction being more than 50 years old, respondent No.1 not having any records in relation thereto, I am of the considered opinion that it cannot be said that the construction is illegal or unauthorized. - 3 - NC: 2025:KHC-D:2203 WP No. 103151 of 2024 4. Insofar as the claim of the petitioner as regards easement or otherwise, it is for the petitioner to initiate such civil proceedings as may be advisable in accordance with law. 5. Reserving such liberty, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/CT-ASC List No.: 1 Sl No.: 64