- 1 - HC-KAR NC: 2025:KHC-D:11402 WP No. 100832 of 2017 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 100832 OF 2017 (GM-RES) BETWEEN: SRI. C.H. SUBRAHMANYESWAR RAO S/O C.H. RAMACHARDRA RAO, AGE: 45 YEARS, OCC: AGRIL, R/AT BASAVESHWARA CAMP, POST: KAPAGALU, TQ: BALLARI, DIST: BALLARI. …PETITIONER (BY SRI. RAJASHEKAR GUNJALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY DEPT. OF REVENUE, M.S. BUILDING, BENGALURU-01. 2. THE COMMISSIONER, KARNATAKA INFORMATION COMMISSION, 3RD FLOOR, M.S. BUILDING, BENGALURU-01. 3. THE FIRST APPELLATE AUTHORITY AND ASSISTANT COMMISSIONER, O/O ASSISTANT COMMISSIONER BALLARI, D.C. OFFICE COMPOUND, BALLARI-583101. 4. THE PUBLIC INFORMATION OFFICER AND ASSISTANT DIRECTOR OF LAND RECORDS-REVENUE, O/O REVENUE LAND RECORDS, D.C. OFFICE COMPOUND, BALLARI-583101. …RESPONDENTS (BY SRI. SHARATH GOUDA G B, ADVOCATE FOR R2; SRI. V.S. KALASURMATH, AGA FOR R1, R3 & R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR DIRECTION IN NATURE OF MANDAMUS, DIRECTING THE 4TH RESPONDENT TO FURNISH THE INFORMATION OF WIDTH OF THE CART ROAD WHICH PASSES THROUGH IN SY.NO.85I/1 OF KAPAGAL Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:11402 WP No. 100832 of 2017 VILLAGE IN BALLARI TALUKA AS PER FMB, F LINE VIDE ANNEXURE-C DATED 15.12.2014 (AS PER THE APPLICABLE ACT AND RULES IN BALLARI DISTRICT SINCE IT WAS UNDER MADRAS PRESIDENCY) IN THE INTEREST OF JUSTICE AND EQUITY & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed seeking for direction to respondent No.4 to furnish the information of width of cart track, which passes through Sy.No.85 I/1, Kapagalu Village, Ballari Taluk. 2. The case of the petitioner is that he is the owner of agricultural land bearing Sy.No.85 I/1 measuring 4 acres 18 guntas situated at Kapagalu village, Ballari Taluk. It is his further case that the information was sought under Right to Information, but the information finally given at Annexure-A is ambiguous and vague. 3. Learned counsel for the respondent submits that the present petition is not maintainable in the absence of dispute raised before the Revenue Authority. It is further submitted that the width of cart road cannot be decided in the abstract without - 3 - HC-KAR NC: 2025:KHC-D:11402 WP No. 100832 of 2017 noticing the particulars of the village map and revenue documents relating to the petitioner’s survey number. However, it is submitted that insofar as information regarding width of the cart track, the information available under the Madras Survey Manual may be taken note of. 4. Learned AGA files a memo and encloses a copy of the Madras Survey Manual. It is pointed out that in terms of Clause 237, width of “Bandi Track” is provided. 5. In light of the above, it would be appropriate to dispose off this petition taking note of filing of extract of Madras Survey Manual by the learned AGA. 6. Accordingly, the petition is disposed off. Needless to state that dispute of the petitioner regarding cart track stated to be running in his property is a matter to be raised before the appropriate authority as per law. All contentions are kept open. Sd/- (S.SUNIL DUTT YADAV) JUDGE JTR CT:VP LIST NO.: 1 SL NO.: 18