- 1 - HC-KAR NC: 2025:KHC-D:16778 WP No. 108833 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 108833 OF 2025 (GM-RES) BETWEEN: SMT. NAJUKABI W/O. KHADIRSAB URF CHANDASAB SOUDAGAR, AGE: 89 YEARS, OCC: AGRICULTURE, R/O: SECTOR NO 46, PLOT NO.B, HUDUKO COLONY, WARD NO. 3, BAGALKOTE - 587 101, TQ AND DIST BAGALKOTE. …PETITIONER (BY SRI. PRUTHVI K. S., ADVOCATE) AND: 1. THE CHIEF ENGINEER, BAGALKOTE TOWN DEVELOPMENT AUTHORITY, BAGALKOTE 587 103, TQ AND DIST BAGALKOTE. 2. THE REHABILITATION OFFICER, BAGALKOTE TOWN DEVELOPMENT AUTHORITY, BAGALKOTE 587103, TQ AND DIST BAGALKOTE. …RESPONDENTS (BY SRI. SANJAY CHANNAL, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS BY DIRECTING THE RESPONDENT NO.2 TO ALLOT D CATEGORY SITE AS PER RESOLUTION NO.13/22 OF 133RD BOARD MEETING AND AS PER RULE.3 AND 4 OF BAGALKOT TOWN DEVELOPMENT AUTHORITY (ALLOTMENT OF SITES) RULES, 1993 BY CONSIDERING THE REPRESENTATION DATED 3/10/2025 VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:16778 WP No. 108833 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. Petitioner is before this Court seeking the following prayer. A. Issue a Writ in the nature of Mandamus by directing the Respondent No.2 to allot “D” Category Site as per Resolution No.13/22 of 133rd Board Meeting and as per Rule. 3 and 4 of Bagalkot Town Development Authority (Allotment of Sites) Rules, 1993 by considering the Representation dated 3/10/2025 vide Annexure-E, in the interest of justice and equity. B. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case, in the interest of justice and equity. 2. Heard the learned counsel Sri. Pruthvi K.S., appearing for the petitioner and the learned counsel Sri. Sanjay Chanal representing the respondents. 3. The petitioner submits an application seeking allotment of a ‘D’ category site in view of the submerging of the property of the petitioner during the construction of the Upper Krishna Project. The representation is not merited consideration. 4. The learned counsel Sri. Sanjay Chanal submits that if reasonable time is granted, the representation of merit consideration and appropriate orders would be passed. - 3 - HC-KAR NC: 2025:KHC-D:16778 WP No. 108833 of 2025 5. In that light, without entering into the merit or the claim of the petitioner, I deem it appropriate to dispose of the petition, directing the respondent to consider the representation within 12 weeks from the date of receipt of the copy of this order, if not earlier. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE RSH/CT-ASC List No.: 1 Sl No.: 43