- 1 - NC: 2025:KHC-D:353 WP No. 104434 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 104434 OF 2024 (LB-RES) BETWEEN: SMT. SAVITHA DILIP KAMBLE, AGE: 38 YEARS, THE MEMBER OF NANDAGAON GRAM PANCHAYAT, R/O. NANDAGAON VILLAGE, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. …PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ, VIKASASOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-01 2. THE DEPUTY COMMISSIONER, BELAGAVI-590001, DIST: BELAGAVI. 3. THE ASSISTANT COMMISSIONER, CHIKODI-591201, TQ: CHIKODI, DIST: BELAGAVI. 4. THE TAHASILDAR, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. 5. THE ZILLA PANCHAYAT, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, BELAGAVI-590010, DIST: BELAGAVI. 6. THE TALUK PANCHAYAT, ATHANI, REPRESENTED BY ITS EXECUTIVE OFFICER, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:353 WP No. 104434 of 2024 7. THE GRAM PANCHAYAT, NANDAGAON, REPRESENTED BY ITS PANCHAYAT, DEVELOPMENT OFFICER, NANDAGAON VILLAGE, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI, DIST: BELAGAVI. 8. THE ASSISTANT DIRECTOR OF LAND RECORDS, MINI VIDHANA SOUDHA, SH.12 SHIVAYOGIG NAGAR, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. 9. SHRI. TATYAGOUDA S/O. KIRANKUMAR PATIL, AGE: 41 YEARS, OCC: AGRICULTURE, R/O. NANDAGAON VILLAGE, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. 10. SHRI. DHIRAJ S/O. DADASAHEB PATIL, AGE: 38 YEARS, OCC: AGRICULTURE, R/O. NANDAGAON VILLAGE, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. 11. SMT. TRUPTI W/O. MANOJKUMAR PATIL, AGE: 35 YEARS, OCC: AGRICULTURE, R/O SHIRAHATTI VILLAGE, ATHANI-591304, TQ: ATHANI, DIST: BELAGAVI. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1-R4, R8; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R5-R7; SRI. SANGRAM S. KULKARNI, ADVOCATE FOR R9-R11) 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 TO CONSIDER THE REPRESENTATION DATED 20/5/2024 SUBMITTED BEFORE THE RESPONDENT NO.7 BY THE PETITIONER VIDE ANNEXURE-L IN TERMS OF RULE.3 AND 4 OF KARNATAKA PANCHAYAT RAJ (REMOVAL OF OBSTRUCTIONS AND ENCROACHMENT) RULES, 2011 AND TO PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:353 WP No. 104434 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking the following reliefs: A) Issue a Writ in the nature of Mandamus by directing the Respondent to consider the Representation dated 20/5/2024 submitted before the Respondent No.7 by the Petitioner vide ANNEXURE-L in terms of Rule.3 and 4 of Karnataka Panchayat Raj (Removal of Obstructions and Encroachment) Rules, 2011 and to pass appropriate Orders in accordance with law, 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. Learned counsel for the respondent Nos.5 to 7 has filed a memo dated 28.11.2024 stating that a notice has been issued to respondent Nos.9 to 11 on 15.06.2024 which has been replied to by them. He submits that considering the complaint by the petitioner and the reply made by respondent Nos.9 to 11 necessary orders would be passed. 3. Learned counsel Sri Sangram S. Kulkarni appearing for respondent Nos.9 to 11 seeks permission to file - 4 - NC: 2025:KHC-D:353 WP No. 104434 of 2024 additional documents. He is so permitted to file on or before 17.01.2025. Respondent Nos.5 to 7 are directed to consider the same and pass necessary orders within 15 days thereafter. Accordingly petition is disposed. 4. It is made clear that this Court has not expressed any opinion on the merits of the matter. It is for respondent Nos.5 to 7 to pass orders on merits in accordance with law. 5. In view of disposal of main petition, pending interlocutory applications, if any does not survive for consideration and same are also disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK CT-MCK List No.: 1 Sl No.: 28