- 1 - NC: 2025:KHC-D:2612 WP No. 106449 of 2023 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.106449 OF 2023 (GM-RES) BETWEEN: SHRI ISHWAR S/O. BASAPPA AWATI, AGE: 64 YEARS, OCC: BUSINESS, R/O: WARD NO.5, SHREE MAHALAXMI, SHRI DANESHWARI NAGAR, BEHIND PWD INSPECTION BUNGALOW, MUDHOL 587313, TQ: MUDHOL, DIST: BAGALAKOTE …PETITIONER (BY SRI K. L. PATIL AND SRI S.A.SONDUR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF PUBLIC WORKS DEPARTMENT, VIDHANA SOUDHA, BENGALURU – 560 001. 2. THE CHIEF ENGINEER, DEPARTMENT OF PUBLIC WORKS, COMMUNICATION AND BUILDING (NORTH), D. C. COMPOUND, DHARWAD – 580 001. Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:2612 WP No. 106449 of 2023 3. THE SUPERINTENDENT ENGINEER, DEPARTMENT OF PUBLIC WORKS, BELAGAVI 590 001, TQ. AND DIST: BELAGAVI. 4. THE EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS, BELAGAVI, TQ. AND DIST: BELAGAVI – 590 001. 5. THE ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF PUBLIC WORKS NO.1, SUB DIVISION, BELAGAVI, TQ. AND DIST: BELAGAVI – 590 001. …RESPONDENTS (BY SRI SHARAD V. MAGADUM, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION DIRECTING THE RESPONDENTS TO EXAMINE IN THE MATTER IN THE LIGHT OF THE REPRESENTATION/COMPLAINT SUBMITTED BY THE PETITIONER ON 21.03.2023 AS PER ANNEXURE-E AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP, THIS DAY, ORDER WAS MADE THERIEN AS UNDER: - 3 - NC: 2025:KHC-D:2612 WP No. 106449 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) The petitioner is before this Court seeking the following prayer: i) Writ of Mandamus or any other order or direction directing the respondents to examine in the matter in the light of the representation/complaint submitted by the petitioner on 21.03.2023 as per Annexure-E. ii) Issue any other appropriate Writ or order or direction which deems fit to grant by this Hon’ble Court in the facts and circumstances of the case. 2. The petitioner claims to be the owner of the property bearing Sy. No.1041/1 measuring to an extent of 5 guntas carved out of R.S. No.1041 Hissa No.1 situated at Kanabaragi Road, Belagavi. It is the case of the petitioner that, owing to certain disturbance from one Jagdish Patil who had been leased the premises adjacent to the premises of the petitioner for five years is causing disturbance to the petitioner gives a representation to the fourth respondent to take appropriate action in accordance with law. That having not been taken has driven the petitioner to this Court in the subject petition. - 4 - NC: 2025:KHC-D:2612 WP No. 106449 of 2023 3. Learned counsel appearing for the petitioner submits that, if a direction would be issued to consider the representation would suffice at this juncture. 4. Learned AGA representing the State would submit that if a reasonable time is granted, the representation of the petitioner would be considered on its merits and appropriate orders would be passed in accordance with law. 5. In that light, without going into the merit of the matter, I deem it appropriate to direct the fourth respondent to consider the representation of the petitioner and pass necessary orders or take necessary action in accordance with law within eight weeks from the date of the receipt of a copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE VNP/CT-ASC List No.: 1 Sl No.: 181