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2025 DAILYLAW 59651 (KAR)

SHREE VEERABHADRESHWAR SEVA SAMEETHI v. STATE OF KARNATAKA

WP/106961/2025 · 2025-09-18

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:12564 WP No. 106961 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106961 OF 2025 (KLR-RES) BETWEEN: SHREE VEERABHADRESHWAR SEVA SAMEETHI AT. KUSANURU VILLAGE TALUK HANGAL, DIST. HAVERI-581104, REPRESENTED BY ITS SECRETARY, SRI. SOMASHEKAR V AKKIVALLI, AGE. 50 YEARS, OCC. AGRICULTURE, R /O. KUSANURU VILLAGEK, TALUK: HANGAL, DIST. HAVERI-581104. …PETITIONER (BY SRIYUTHS. M.R. HIREMATHAD AND PRAKASH R. BADIGER, ADVOCATES) AND: 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY, DEPARTMENT OF REVENUE DEPARTMENT , M.S. BUILDING, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER HAVERI, DIST. HAVERI-581110. 3. THE ASSISTANT COMMISSIONER HAVERI TALUK, HAVERI, DIST-HAVERI-581110. 4. THE TAHASHILDAR OFFICE AT HANAGAL, Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:12564 WP No. 106961 of 2025 TALUK: HANAGAL, DIST. HAVERI-581104. 5. THE CHIEF EXECUTIVE OFFICER JILLA PANCHAYAT, HAVERI, HAVERI DISTRICT, HAVERI-581110. 6. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYAT, HAVERI TALUK, HAVERI DIST, HAVERI-581110. 7. THE PANCHAYAT DEVELOPMENT OFFICER, KUSANYUR VILLAGE, TALUK: HANGAL, DIST. HAVERI-582120, 8. THE ASSISTANT DIRECTOR DEPARTMENT OF TOWN AND COUNTRY PLANNING, HAVERI-582120. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4 AND R8; SRI. M.M. KHANNUR, ADVOCATE FOR R5 TO R7) THIS WRIT PETITION IS FILED UNDER ARICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE A WRIT OF MANDAMUS DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 23.07.2025 IS PRODUCED HEREIN AND MARKED AS ANNEXURE-K.2. TO PASS OF SUCH OTHER RELIEF IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:12564 WP No. 106961 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos.1 to 4 and 8. Learned counsel Sri.M. M. Khannur, is directed to accept notice for respondent Nos.5 to 7. 2. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus direction to the respondents to consider the representation dated 23.07.2025 is produced herein and marked as Annexure-K. b. To pass of such other relief in the interest of justice and equity. 3. The grievance of the petitioner is that, by way of interpolation of the conversion order in respect of Survey No.65/1, the owner of the land in Survey No.65/1 is now seeking to lay a road on the property of the petitioner, which is adjacent to the said property. His submission is that, as per the conversion order in respect of the said property, originally on the - 4 - HC-KAR NC: 2025:KHC-D:12564 WP No. 106961 of 2025 western side, the boundary was shown as ‘Kusanoor Graothana Haddu’ i.e., the village boundary, whereas, in the interpolated document, it has been shown as ‘Kusanoor Graothana Road’, and on that basis, 9 metres width of the land of the petitioner is sought to be encroached by forming a road. 4. The representations submitted by the petitioner in that regard have not yielded any result and it is in that background, the petitioner is before this Court. 5. Whenever any representation is submitted, it is required for the respondent authorities to consider and pass necessary orders either accepting or rejecting the said representation within a reasonable period of time. Furthermore, whenever a representation is issued that a common document/public document has been interpolated, it was but required for the respondent authorities to protect their own interest in terms of the orders issued by the respondents. - 5 - HC-KAR NC: 2025:KHC-D:12564 WP No. 106961 of 2025 6. In the present matter, there is a serious allegation made as regards the interpolation of the conversion order. It was but required for the respondents to have verified the same from the official records available with the respondents, and on that basis, consider the representation of the petitioner. The same has not been done. Hence, I pass the following: ORDER i. The petition is allowed. ii. A mandamus is issued, directing the respondents to consider the representation dated 23.07.2025 at Annexure-K and pass necessary orders within four weeks from today. Needless to say, if any road is proposed to be formed, the respondents are to ensure that no such road is formed till the representation is disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE gab/Ct:pa List No.: 1 Sl No.: 39