- 1 - HC-KAR NC: 2025:KHC-D:14729 WP No. 103563 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103563 OF 2025 (LB-UC) BETWEEN: CHANDRASHEKARAYYA KALYANMATH S/O VEERABHADRAYYA, AGED ABOUT 67 YEARS, OCC. NIL, RESIDENT OF ANKADAKHANA, BANKAPUR TOWN, TQ. SHIGGAON, DIST. HAVERI-581 202. … PETITIONER (BY SRI. PRAKASH R. BADIGER, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE CHIEF EXECUTIVE OFFICE, BANKAPUR TOWN MUNICIPALITY, BANKAPUR, SHIGGAON TALUK, HAVERI DISTRICT-581 202. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. K.H. BAGI, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI TO SET ASIDE THE NOTICE ISSUED BY THE RESPONDENT NO.2 DATED 18.11.2023, BEARING NO.PU.SA.BUM / KUM.VI / VAHI / 2023-24/190, VIDE ANNEXURE-E, DATED 07.05.2025, BEARING NO.PU.SA.BUM/KUM.VI/VAHI/2025-26/43, VIDE ANNEXURE-F, DATED 13.05.2025, BEARING NO.PU.SA.BUM/KUM.VI/VAHI/2025-26/50, VIDE ANNEXURE-G, DATED 16.05.2025 AND BEARING NO.PU.SA.BUM / KUM.VI/VAHI/2025-26/58, VIDE ANNEXURE-H AND DATED 31.05.2025, BEARING NO.PU.SA.BUM/KUM.VI/VAHI/2025-26/84, VIDE ANNEXURE-K AND SEEKING WRIT OF MANDAMUS, DIRECTING THE RESPONDENTS NOT TO INTERFERE WITH THE PETITIONER’S Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14729 WP No. 103563 of 2025 CONSTRUCTION ON THE PROPERTY BEARING NO.337, BANKAPUR, BASED ON LAWFUL OWNERSHIP AND PERMISSIONS GRANTED BY THE COMPETENT AUTHORITY AND PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed questioning Annexure E, the endorsement dated 18.11.2023 issued by respondent No.2/ Municipality. In addition to that the petitioners have also questioned the subsequent notices asking the petitioner to stop the construction and the encroachment. 2. It is noticed from paragraph No.5 of Annexure – E that the Chief Officer, Municipality has directed the petitioner to produce the survey sketch prepared by the competent Surveyor and certain records. 3. From the contentions raised before this Court, it is evident that the dispute is relating to the boundary and identity of the property which the petitioner claims to have purchased. - 3 - HC-KAR NC: 2025:KHC-D:14729 WP No. 103563 of 2025 The respondent No.2/Municipality has directed the petitioner to produce the survey sketch prepared by the competent surveyor. 4. Under these circumstances, this Court at this stage does not find any merit in the Writ Petition. Hence the following: ORDER (i) Writ Petition is dismissed. (ii) However, to ensure that the petitioner can produce the requisite survey map, a direction is given to the jurisdictional Surveyor to measure the property pursuant to an application to be filed by the petitioner. The survey shall be completed within 3 months from the date of application, if such application is filed. (iii) Once the property is surveyed in the presence of the Municipality, which claims it is the adjoining holder, the said survey report shall be produced before the competent officer of the Municipality along with the requisite title deeds. Thereafter, the petitioner shall seek necessary approval for construction. - 4 - HC-KAR NC: 2025:KHC-D:14729 WP No. 103563 of 2025 (iv) The respondent-Municipality shall consider the same in accordance with law. Sd/- (ANANT RAMANATH HEGDE) JUDGE brn CT:BCK LIST NO.: 1 SL NO.: 57