- 1 - HC-KAR NC: 2025:KHC-D:17911 WP No. 108288 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108288 OF 2025 (GM-RES) BETWEEN: SRI NAGESH S/O. KESHAV GOUDA AGED ABOUT 72 YEARS, OCC. AGRICULTURIST, R/O. MUDLAMAKKI, BINAGA VILLAGE, TQ. KARWAR, DIST. UTTARA KANNADA 581307. …PETITIONER (BY SRI VIDYASHANKAR DALWAI, ADVOCATE FOR SRI G.M. BHAT, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER UTTARA KANNADA, MINI VIDHANA SOUDHA, KARWAR, AT KARWAR, DIST. UTTARA KANNADA 581301. 2. THE AUTHORIZED OFFICER IRB INFRA STRUCTURE PVT. LTD., ZONAL OFFICE OF UTTARA KANNADA AT ANKOLA SURVEY NO.191, BALEGULI CROSS, TQ. ANKOLA DIST. UTTARA KANNADA 581314. …RESPONDENTS (BY SRI T. HANUMAREDDY, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS HEREIN TO CONSIDER THE LEGAL NOTICE, DT. 03/05/2025 VIDE ANNEXURE-E, WHICH ISSUED BY PETITIONER REGARDING TO REMOVE ILLEGAL STORAGE OF BIG STONES AND ITS POWDER/CRUSHED STONES ON THE LAND SY.NO.17/2 MEASURING 00-26-00 SITUATED AT BINAGA VILLAGE OF KARWAR TALUK WHICH STORED SINCE FROM YEAR 2021, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka Dharwad Bench Date: 2025.12.12 14:34:18 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17911 WP No. 108288 of 2025 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. “Writ in the nature of MANDAMUS directing the respondents herein to consider the Legal Notice, dt:03/05/20255 vide Annexure-E, which issued by petitioner regarding to remove illegal storage of big stones and its powder/crushed stones on the land Sy.No.17/2 measuring 00-26-00 situated at Binaga village of Karwar taluk which stored since from year 2021, in the interest of justice and equity. b. Pass such other order or directions as this Hon'ble High Court deems fit in the circumstances of the case in the interest of justice and equity including the award of costs in the interest of justice and equity.” 2. Heard Sri Vidyashankar Dalawai, learned counsel for Sri G.M. Bhat, learned counsel for the petitioner, and Sri T. Hanumareddy, learned AGA for respondent No. 1. 3. Learned counsel for the petitioner submits that, during the construction of a road in the vicinity of the petitioner’s - 3 - HC-KAR NC: 2025:KHC-D:17911 WP No. 108288 of 2025 residence, certain private parties have dumped construction material in front of the petitioner’s house. It is submitted that a representation in this regard has already been submitted to respondent No.2. 4. Learned AGA submits that the State is not involved in the act of dumping and that, if reasonable time is granted, appropriate action will be taken on the petitioner’s representation. 5. In the light of the aforesaid circumstances, respondent No.2 shall consider the petitioner’s representation and pass necessary orders in accordance with law. 6. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC Ct-ASC LIST NO.: 1 SL NO.: 229