- 1 - HC-KAR NC: 2025:KHC-D:16521 WP No. 105876 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105876 OF 2024 (LB-RES) BETWEEN: 1. IMAMASAB S/O IBRAHIMSAB HARLAPUR, AGE. 57 YEARS, OCC. MAINTENANCE OF KONDAWAD, 2. MOULAHUSEN S/O IMAMASAB HARLAPUR, AGE. 29 YEARS, OCC. MAINTENANCE OF KONDAWAD, BOTH ARE R/O. KURAHATTI PETE, BETAGERI-582 102, DIST. GADAG. … PETITIONERS (BY SRI. CHETAN MUNNOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 2. THE DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH AND 10TH FLOOR, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.27 12:54:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16521 WP No. 105876 of 2024 VISHWESHWARIAH TOWER, DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001, REP. BY ITS DIRECTOR. 3. CITY MUNICIPAL COUNCIL, GADAG-BETAGERI, STATION ROAD, GANDHI CIRCLE, GADAG-582 101, REP. BY ITS MUNICIPAL COMMISSIONER. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 AND R2; SRI. HARSH DESAI, ADVOCATE FOR R3) 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 OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS (UNDATED), VIDE ANNEXURE-E, E1 AND E2 RESPECTIVELY SUBMITTED BY THE PETITIONER NO.1 CONSEQUENTLY, DIRECT THE RESPONDENT NO.3 TO EXECUTE THE REGISTERED SALE DEED IN FAVOUR OF PETITIONERS IN RESPECT OF PROPERTY BEARING CTS NO.4617 OF BETAGERI, DIST. GADAG, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16521 WP No. 105876 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners and learned Additional Government Advocate for respondents No.1 and 2 and learned counsel appearing for respondent No.3. 2. Learned counsel for respondent No.3 has issued an endorsement dated 31.10.2025 with respect to the representation filed by the petitioners. 3. Said endorsement is taken on record. 4. Nothing survives for consideration in view of the endorsement. However, the petitioners are at liberty to take such recourse as advised in law, if aggrieved by the endorsement. 5. It is noticed from the photographs that a shed is located in the petition property. 6. The learned counsel for the respondent-Municipality submits that the shed is built by the respondent - Municipality. - 4 - HC-KAR NC: 2025:KHC-D:16521 WP No. 105876 of 2024 7. At this juncture, it is not in dispute that the petitioners were allowed to occupy that property. 8. Under these circumstances, till the next one month, the petitioners shall not be dispossessed from the said property. 9. Hence, the following: ORDER i. Writ Petition is disposed of. ii. It is made clear that the Court has not decided anything on the claim of either of the parties relating to the nature of possession. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 37