- 1 - HC-KAR NC: 2025:KHC-D:17489 WP No. 105780 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105780 OF 2024 (LB-RES) BETWEEN: SRI. VALLABH DIXIT S/O. SHIVANAND DIXIT, AGE: 54 YEARS, OCC: PRIVATE WORK, R/O. PLOT NO.61, SRI DATA NIVASA, BEHIND GANESH TEMPLE, PADKI LAYOUT, DISTRICT: KOPPAL-583231. …PETITIONER (BY SRI. RAJA RAGHAVENDRA NAIK, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, URBAN DEVELOPMENT AUTHORITY, VIKASA SOUDHA, AMBEDKAR ROAD, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, KOPPAL-583231. 3. MUNICIPAL COMMISSIONER, CITY MUNICIPAL COUNCIL, KOPPAL-583231. 4. COMMISSIONER, URBAN DEVELOPMENT AUTHORITY, KOPPAL-583231. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1, R2 & R4; SRI. R.K. KULKARNI, ADVOCATE FOR R3) CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:17489 WP No. 105780 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE ORDER BEARING NO.NO.KONS-KANDAYA-2024-25 ISSUED BY THE CITY MUNICIPAL COUNCIL, KOPPAL DATED 08.07.2024 VIDE ANNEXURE-A IN THE INTEREST OF JUSTICE; ISSUE THE WRIT IN THE NATURE OF MANDAMUS TO ISSUE DIRECTION TO THE RESPONDENT NO.3 TO ISSUE FORM NO.3 IN COMPUTERIZED FORM IN RESPECT OF PLOT NO.61 BEARING SURVEY NO.646/4 OF KOPPAL CITY TO THE PETITIONER IN THE INTEREST OF JUSTICE AND ETC. 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) Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents. 2. This petition is filed assailing the endorsement/order, marked at Annexure-A, dated 08.07.2024, issued by the City Municipal Council, Koppal, wherein a direction was issued not to issue Form No.3 in respect of petitioner's property, which the petitioner claims to have acquired under a registered Sale Deed dated 20.02.2013. - 3 - HC-KAR NC: 2025:KHC-D:17489 WP No. 105780 of 2024 3. Learned counsel appearing for the petitioner would submit that the impugned order has been passed without issuing notice to the petitioner. 4. Learned counsel appearing for respondent No.3 would submit that the Municipal property has been encroached and an illegal layout has been formed. Upon this being brought to the notice of the Deputy Commissioner, the Deputy commissioner has issued a direction to hold enquiry. The Tahsildar, after holding enquiry, has reported that the Municipal property has been encroached and that illegal layouts have been formed. 5. It is noticed that the alleged enquiry was conducted in the year 2021, whereas the petitioner claims to have purchased the property in 2013. Admittedly, the petitioner was not heard in the proceedings. 6. Hence, the following: ORDER a) The petition is allowed. - 4 - HC-KAR NC: 2025:KHC-D:17489 WP No. 105780 of 2024 b) The endorsement/order dated 08.07.2024 issued by City Municipal Council, Koppal, is quashed. c) If there is any encroachment in the Municipal property, then the Competent Authority has to take action in accordance with the applicable provisions of law. d) In any event, the notice has to be served to the petitioner before passing any orders. e) It is made clear that the Court has not expressed anything on the merits of the matter. f) All contentions of the parties are kept open. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT-MCK List No.: 1 Sl No.: 98