- 1 - HC-KAR NC: 2025:KHC-D:10426 WP No. 9464 of 2015 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9464 OF 2015 (GM-RES) BETWEEN: 1. BASAVARAJ VEERABHADRAPPA INCHAL S/O VEERABHADRAPPA INCHAL, AGED ABOUT 41 YEARS, 2. CHIDAMBAR MALLAPPA SABKALE S/O MALLAPPA, AGED ABOUT 41 YEARS, 3. CHANDRAPPA VENKAPPA BHONSALE S/O VEERAPPA BHONSALE, AGED ABOUT 37 YEARS, 4. RAMESH PAWAR S/O PAWAR, AGED ABOUT 32 YEARS, 5. SHANKARAPPA S/O BASAPPA MANTIVALLI, AGED ABOUT 38 YEARS, 6. CHANDRASHEKAR SONALINGAPPA LINGADAL S/O SOMALINGAPA LINGADAL, AGED ABOUT 46 YEARS, 7. RAMACHANDRAPPA MALLAPPA SABKALE S/O MALAPPA SABAKALLE, AGED ABOUT 39 YEARS, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10426 WP No. 9464 of 2015 8. SHIVAJI SHAMRAO PAWAR W/O. SHAM RAO P, AGED ABOUT 67 YEARS, 9. BANUDAS N NAVALE S/O NAVALE AGED ABOUT 51 YEARS, 10. SRISHYL VANNUR S/O VANNUR, AGED ABOUT 35 YEARS, ALL ARE RESIDENT OF RAMPUR, SITE ARA, SAVADATTI TALUK, BELAGAVI DISTRICT. …PETITIONERS (BY SRIYUTHS. SURESH P. HUDEDAGADDI AND A.C. PURAD, ADVOCATES) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, FOR URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU-560 001. 2. DEPUTY COMMISSIONER BELAGAVI DISTRICT, BELAGAVI-590001. 3. SPECIAL LAND ACQUSITION OFFICER MALAPRBHA PORJECT, SAVADATTI-591126. 4. TAHSILDAR SAVADATTI TALUK, SAVADATTI-591126. 5. CHIEF OFFICER YELLANNA PURUSABHE KARYALAYA, - 3 - HC-KAR NC: 2025:KHC-D:10426 WP No. 9464 of 2015 SAVADATTI TALUK, BELAGAVI DISTRICT. …RESPONDENTS (BY SRIYUTHS. SHARAD V. MAGADUM, AGA FOR R1-R4; HANUMANTHAREDDY SAHUKAR, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE DIRECTIONS TO RESPONDENTS THAT THE SITES BEARING NO.2924 MEASURING 250 X 350 WHICH IS RESERVED FOR THE PARK IN RAMPUR LAYOUT OF SAVADATTI TALUK TO BE RETAINED AS A PARK ONLY, WHICH IS BEEN IN ENJOYMENT OF THE RESIDENTS THERE SINCE 1972 B) AND ISSUE ANY OTHER DIRECTION AS DEEMS FIT UNDER THE CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners aer before this Court seeking for the following reliefs: 1. Issue directions to respondents that the sites bearing no.2924 measuring 250 x 350 which is reserved for the park in Rampur Layout of Savadatti Taluk to be retained as a park only, which is been in enjoyment of the residents there since 1972. b. And issue any other direction as deems fit under the circumstances of the case, in the interest of justice and equity. - 4 - HC-KAR NC: 2025:KHC-D:10426 WP No. 9464 of 2015 2. The petitioners claim to be the allottees of sites in Rampur Site Layout. The petitioners have approached this Court under the apprehension that the area which has been reserved as park, open spaces in the plan produced at Annexure-A to the petition would be used for purposes other than park and it is in that background that the aforesaid prayers have been sought for. 3. Sri.Hanumanthareddy Sahukar, learned counsel for respondent No.5 on instructions submitted that the plan at Annexure-A will be maintained and implemented as per the said plan and no changes will be made and the area shown in the plan as park marked as ‘X’ and ‘H’ would also be maintained as a park, apart from the open areas, shops etc. as shown in the said plan. However, on some of the occasions, there being a temple situated in one of the parks, the said park would be used for public functions, for conducting of jatras and other religious festivities. - 5 - HC-KAR NC: 2025:KHC-D:10426 WP No. 9464 of 2015 4. The said submission of Sri. Hanumanthareddy Sahukar answers the grievance of the petitioner. 5. In that view on the matter, I pass the following: ORDER i. Respondents are directed to maintain, preserve and implement the layout plan sanctioned in terms of Annexure-A. ii. They are however permitted to hold religious festivities and or jatras in the park area, on the occasion that it demands. On all other occasions, the same would continue to be maintained as park. iii. With the above petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 32