- 1 - HC-KAR NC: 2025:KHC-D:17722 WP No. 103992 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103992 OF 2025 (LB-UC) BETWEEN: PRITHVIRAJ S/O. SHANTILAL SURANA, AGE: 46 YEARS, OCC: BUSINESS, R/AT. 434/30, BELAWANAGI COLONY, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, DIST: DHARWAD-580 029. …PETITIONER (BY SRI. ZANZA S. JOSHI, ADVOCATE) AND: 1. THE COMMISSIONER, HUBBALLI DHARWAD MUNICIPAL CORPORATION, WARD NO.47, SIR SIDDAPPA KAMBLI ROAD, BESIDE MINI VIDHAN SOUDA, HUBBALLI, KARNATAKA-580 020. 2. THE ASSISTANT COMMISSIONER, ZONAL NO.06, HUBBALLI DHARWAD MUNICIPAL CORPORATION, WARD NO.47, SIR SIDDAPPA KAMBLI ROAD, BESIDE MINI VIDHAN SOUDA, HUBBALLI, KARNATAKA-580 020. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.12 11:10:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17722 WP No. 103992 of 2025 3. PAWAN AGARWAL, AGE: ABOUT 35 YEARS, OCC: BUSINESS, R/AT. NEAR NAVEEN PARK POLICE STATION, KUSUGAL ROAD, KESHWAPUR, HUBBALLI, DIST: DHARWAD-580023. 4. SHUSHIL HEMRAJ MAHAJAN, AGE: ABOUT 35 YEARS, OCC: BUSINESS, R/AT. 2ND FLOOR, B-BLOCK, AKRUTI GARDEN, BHAVANI NAGAR, HUBBALLI, DIST: DHARWAD-580023. …RESPONDENTS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE FOR R1 & R2; SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R3; NOTICE TO R4 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, 1950 PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 25/05/2025 I.E., ANNEXURE-C AND D AND TAKE FURTHER STEPS IN ACCORDANCE WITH LAW AS PER THE PROVISIONS OF KMC ACT AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17722 WP No. 103992 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Notice to respondents no. 3 and 4 is served. 2. An application filed to implead respondents No. 3 and 4 is allowed as there is allegation against respondents no. 3 and 4. The petitioner to amend the cause title. 3. The writ petition is filed seeking writ of mandamus to consider the representations dated 25.05.2025 marked at Annexures - C and D. 4. Petitioner's grievance is that respondents no. 3 and 4 are violating the set-back rules. 5. Hence the following: ORDER (i) Writ Petition is allowed. (ii) Respondents no.1 and 2 shall take appropriate action as advised in law after issuing due notice to respondents no.3 and 4. - 4 - HC-KAR NC: 2025:KHC-D:17722 WP No. 103992 of 2025 (iii) The exercise shall be completed within 30 days from the date of receipt of the copy of the order. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT-MCK List No.: 1 Sl No.: 72