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2025 DAILYLAW 5906 (KAR)

SMT. DRAKSHAYANI W/O. HANAMANTAPPA AMMANNAVAR, v. COMMISSIONER

WP/104134/2024 · 2025-02-10

M Nagaprasanna

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:2614 WP No. 104134 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO.104134 OF 2024 (GM-RES) BETWEEN: 1. SMT. DRAKSHAYANI W/O. HANAMANTAPPA HAMMANNAVAR, AGE: 55 YEARS, OCC HOUSEHOLD WORK, R/O: CTS NO.29/4C, KALAGHATAGI ROAD, LAKKAMANAHALLI, SARASWATPUR, DHARWAD – 580 002. 2. SRI VITTAL S/O. HANAMANTAPPA HAMMANNAVAR, AGE: 40 YEARS, OCC.: , R/O: CTS NO.29/4C, KALAGHATAGI ROAD, LAKKAMANAHALLI, SARASWATPUR, DHARWAD – 580 002. 3. SRI YALLAPPA S/O. HANAMANTAPPA HAMMANNAVAR, AGE: 45 YEARS, OCC.: , R/O: CTS NO.29/4C, KALAGHATAGI ROAD, LAKKAMANAHALLI, SARASWATPUR, DHARWAD – 580 002. 4. SRI NAGARAJ S/O. HANAMANTAPPA HAMMANNAVAR, AGE: 50 YEARS, OCC.: , R/O: CTS NO.29/4C, KALAGHATAGI ROAD, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2614 WP No. 104134 of 2024 LAKKAMANAHALLI, SARASWATPUR, DHARWAD – 580 002. 5. AKSHATA W/O. AVINASH KARNAD, AGE: 40 YEARS, OCC: , R/O: 4/29A2, KALAGHATAGI ROAD, LAKKAMANAHALLI, SARASWATPUR, DHARWAD – 580 002. 6. PREMANATH S/O. FAKIRAPPA MENASHINAKAI, AGE: 66 YEARS, OCC.: ADVOCATE, R/O: CTS NO. 4/30/D KALAGHATAGI ROAD, SARASWATPUR, DHARWAD – 580 002. 7. SMT. INDIRA W/O. PREMANATH MENASHINAKAI, AGE: 60 YEARS, OCC.: , R/O: 4/30/D KALAGHATAGI ROAD, SARASWATPUR, DHARWAD – 580 002. 8. SRI ANJANEY S/O. SIDDAPPA DODDAWAD, AGE: 35 YEARS, OCCU.: R/O: CTS NO. 4/30E LAKKAMANAHALLI, KALAGHATAGI ROAD SARASWATPUR, DHARWAD – 580 002. 9. SRI RAVI S/O. NARAYAN DODDAWAD, AGE: 50 YEARS, OCC.: , R/O: CTS NO. 4/30E LAKKAMANAHALLI, KALAGHATAGI ROAD SARASWATPUR, DHARWAD – 580 002. 10. SRI SUNIL S/O NARAYAN DODDAWAD, AGE: 58 YEARS, OCCU.: , R/O: CTS NO. 4/30E LAKKAMANAHALLI, KALAGHATAGI ROAD SARASWATPUR, DHARWAD – 580 002. 11. SRI BALAKRISHNA - 3 - NC: 2025:KHC-D:2614 WP No. 104134 of 2024 S/O. DAMODAR RAO KIDIYOUR, AGE: 48 YEARS, OCCU.: , R/O: CTS NO. 4/30F, LAKKAMANAHALLI, KALAGHATAGI, ROAD, SARASWATPUR, DHARWAD – 580 002. 12. SR. PARASHURAM S/O. RAMAPPA HOSAMANI, AGE: 49 YEARS, OCC.: R/O: CTS NO. 4/30G, LAKKAMANAHALLI, KALAGHATAGI ROAD SARASWATPUR, DHARWAD- 580002. 13. SRI. MANJUGOUDA S/O. FAKIRAGOUDA PATIL, AGE: 50 YEARS, OCC.: R/O: CTS NO. 31/B, LAKKAMANAHALLI, KALAGHATAGI ROAD, SARASWATPUR, DHARWAD. …PETITIONERS (BY SRI. B V SOMAPUR, ADVOCATE) AND: 1) COMMISSIONER, HUBBALLI-DHARWAD MUNICIPAL, COUNCIL, DHARWAD- 580001. 2) ASSISTANCE COMMISSIONER, H.D.M.C ZONAL OFFICE NO.2 KALABHAVAN, DHARWAD. 3) EXECUTIVE ENGINEER, NATIONAL HIGHWAY DIVISION, VISHWESHWAR NAGAR, HUBBALLI -580032. 4) ASSISTANT EXICUTIVE ENGINEER NATIONAL HIGHWAY SUBDIVISION, HUBBALLI- 580032. - 4 - NC: 2025:KHC-D:2614 WP No. 104134 of 2024 5) EXECUTIVE ENGINEER, PWD, SUBDIVISION DHARWAD- 580001. 6) ASSISTANT EXECUTIVE ENGINEER PWD, SUBDIVISION DHARWAD- 580001. 7) M/S BALAJI KRUPA PROJECT PRIVATE LTD., CLAN- 1 CONTRACTOR NO. 5 BALAJI ENELAVE JAWAHARLAL STREET, PLOTFORM ROAD, SHESHADRIPURAM, BENGALUR-20. …RESPONDENTS (BY SRI G. I. GACHCHINAMATH, ADVOCATE FOR R1 & R2, SRI SHARAD V. MAGADUM, AGA FOR R3 TO R6, NOTICE TO R7 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA IS PRAYING TO, ISSUE WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 05/03/2024 VIDE ANNEXURE-C AND DIRECT THEM BEFORE STARTING CONSTRUCTION WORK OF CONCRETE ROAD IN FRONT OF THE PROPERTIES OF THE PETITIONERS TO MEASURE THE WIDTH OF THE ROAD BY FIXING CORRECT BOUNDARIES OF THE ROAD ON ITS EASTERN AND WESTERN SIDE AS PER THE RECORDS AND FIX CENTRE LINE AND CONSTRUCT THE CONCRETE ROAD ON BOTH SIDE OF CENTRE LINE EQUALLY. ISSUE ANY SUCH OTHER WRIT ORDER OR DIRECTION AS THIS HON’BLE COURT DEEM FIT UNDER THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC-D:2614 WP No. 104134 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) Learned AGA submits that, the representation of the petitioner has been considered and an endorsement has been communicated to him. 2. If that be so, the petitioner shall raise a challenge to the endorsement. 3. Reserving liberty to the petitioner to challenge the endorsement so issued, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE VNP List No.: 1 Sl No.: 192