- 1 - HC-KAR NC: 2025:KHC-D:8841-DB WA No. 100453 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND WRIT APPEAL NO.100453 OF 2023 (GM-RES) BETWEEN: 1. SUBHASH S/O ANANDAPPA HUBBALLI AGE. 48 YEARS, OCC. AGRICULTURE, R/O. BASAV NAGAR, MAHALINGAPUR, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT 587312. 2. RAJU S/O ANANDAPPA HUBBALLI AGE. 36 YEARS, OCC. AGRICULTURE, R/O. BASAV NAGAR, MAHALINGAPUR, TQ. RABKAVI-BANAHATTI, DIST. BAGALKOT 587312. …APPELLANTS (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, VIJAYAPUR, DIST. VIJAYAPUR 586101. 2. THE STATE OF KARNATAKA R/BY ITS PRINCIPAL SECRETARY MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DIVISION, M.S. BUILDING, BENGALURU 560001. 3. THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT SUB-DIVISION, MUDHOL, TQ. MUDHOL, DIST. BAGALKOT 587313. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3) VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.18 10:13:57 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8841-DB WA No. 100453 of 2023 THIS WRIT APPEAL IS FILED U/S.4 OF KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE IMPUGNED ORDER DATED 13.07.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.103663/2023 (GM-RES) AND ALLOW THE WRIT PETITION AS PRAYED FOR, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS AND THE HON'BLE MR. JUSTICE K V ARAVIND ORAL JUDGMENT (PER: THE HON'BLE MR. JUSTICE R.DEVDAS) The appellants herein had filed the writ petition seeking to quash the endorsement dated 27.01.2023 issued by respondent No.3-The Assistant Executive Engineer, Minor Irrigation and Ground Water Development, Sub-Division, Mudhol, while also seeking writ of mandamus to direct the respondents to construct a bund on the western side of the lake, in terms of the representation dated 20.03.2023 given by the petitioners. The writ petition was dismissed, however, liberty was - 3 - HC-KAR NC: 2025:KHC-D:8841-DB WA No. 100453 of 2023 reserved to the petitioners to agitate all issues before the civil court or other appropriate forum. 2. During the course of these proceedings, this court noticed that respondent No.3-Assistant Executive Engineer had filed an affidavit admitting the fact that there was a proposal for putting up of a bund around the lake and estimation was also made accordingly and the funds were allocated. Since there was contrary statements made by the Assistant Executive Engineer, we directed respondent No.1-Executive Engineer to look into the matter and file an affidavit before this court. Accordingly, an affidavit of the Executive Engineer, Sri.Shantappa Kolli has been filed on 10.07.2025. The Executive Engineer admits that the Government has sanctioned funds for construction of a bund around the lake, including 67 meters of bund on the western side of the lake, which is the subject matter of this litigation. The Executive Engineer has stated in the affidavit that they have now taken a decision to go ahead with the construction of 67 - 4 - HC-KAR NC: 2025:KHC-D:8841-DB WA No. 100453 of 2023 meters of bund on the western side of the lake as earlier proposed. 3. Learned counsel for the appellants submits that directions should be given to the respondents to complete the construction within time frame. Learned counsel would also submit that respondents should ensure that there will be a free passage on the top of the bund to excess the lands which are behind the tank. 4. Accordingly, the writ appeal stands disposed of in view of the affidavit filed by respondent No.1-Executive Engineer. We however, direct the Executive Engineer and the Assistant Executive Engineer to take up the construction as expeditiously as possible and complete the construction of the bund on the western side of the lake, within a period of six months from today. 5. Needless to observe that provision should be made on the top of the bund for movement of the vehicles - 5 - HC-KAR NC: 2025:KHC-D:8841-DB WA No. 100453 of 2023 and the people, so that they can excess the lands which are behind the tank. Ordered accordingly. Sd/- (R.DEVDAS) JUDGE Sd/- (K V ARAVIND) JUDGE MBS, CT:VP LIST NO.: 1 SL NO.: 1