- 1 - HC-KAR NC: 2025:KHC-D:8081 WP No. 105095 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 26TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 105095 OF 2024 (LA-RES) BETWEEN: JITENDRA S/O. DAYALAJI MAJETHIA, AGE: 75 YEARS, OCC: BUSINESS, R/O. ‘ALISHAN’, KRISHNA NAGAR, DESHAPNDE NAGAR, HUBBALLI, DIST: DHARWAD. …PETITIONER (BY SRI. S.S. BETURMATH FOR SRI. K.L. PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, URBAN DEVELOPMENT DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE TAHASILDAR, DHARWAD TALUK, DHARWAD-580 001. 3. THE COMMISSIONER, HUBBALLI-DHARWAD MUNICIPAL CORPORATION, HUBBALLI, DIST: DHARWAD-580 020. 4. MANAGING DIRECTOR, HUBBALLI-DHARWAD BRTS CO. LTD., 2ND FLOOR, ‘B’ BLOCK BUILDING, NWKRTC NEW BUS TERMINAL, NEAR NEW COURT, HOSUR, HUBBALLI-580 021. 5. SPL. LAND ACQUISITION OFFICER AND THE ASSISTANT COMMISSIONER, THE KARNATAKA ROAD DEVELOPMENT CORPORATION LTD., VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.16 14:35:30 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8081 WP No. 105095 of 2024 1ST FLOOR, KSFC BUILDING RAYAPUR, P.B. ROAD, DHARWAD-580 009. 6. HUBBALLI URBAN DEVELOPMENT AUTHORITY, REP. BY ITS COMMISSIONER, NAGANAGAR, HUBBALLI, DIST: DHARWAD-580 025. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 & R2; SRI. V.M. SHEELVANT, ADVOCATE FOR R3; SRI. C.V. ANGADI, ADVOCATE FOR R4 & R5; SRI. B. SHARANABASAWA, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE LETTER BEARING NO. HU.DHA.NA. PRA./YO. VI/2014-15 DATED /09/2014 ISSUED BY RESPONDENT NO.6 VIDE ANNEXURE B IN SO FAR AS LANDS BEARING (I) BLOCK NO.24/1B MEASURING 12 GUNTAS-13 ANNAS (II) BLOCK NO.24/2B MEASURING 12 GUNTAS 13 ANNAS AND (III) BLOCK NO.24/3B MEASURING 12 GUNTAS-13 ANNAS SITUATED AT RAYAPUR TQ AND DIST. DHARWAD. b) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE AWARD BEARING NO. KRDCL/ BHU.SWA./ AWARD/ SARKARI/ C.R.- 3/2014-15/703 DATED 12/02/2015 VIDE ANNEXURE E PASSED BY THE RESPONDENT NO.5 IN SO FAR AS LAND BEARING BLOCK NO.24/3B MEASURING 12 GUNTAS- 13 ANNAS SITUATED AT RAYAPUR TQ AND DIST. DHARWAD. c) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE AWARD NO. KRDCL/ BHU.SWA./ AWARD/ SARKARI/ C.R.- 7/2014- 15/DATED 23/06/2015 VIDE ANNEXURE F PASSED BY THE RESPONDENT NO.5 IN SO FAR AS LANDS BEARING (I) BLOCK NO.24/1B MEASURING 12 GUNTAS-13 ANNAS AND (II) BLOCK NO.24/2B MEASURING 12 GUNTAS-13 ANNAS. d) ISSUE DIRECTIONS AS WRIT OF MANDAMUS/DIRECTION DIRECTING THE RESPONDENT NO.2 TAHASILDAR DHARWAD TO DELETE THE NAME OF THE HUBBALLI-DHARWAD MUNICIPAL CORPORATION FROM THE REVENUE RECORDS IN RESPECT OF THE PORTION OF PROPERTIES OF THE - 3 - HC-KAR NC: 2025:KHC-D:8081 WP No. 105095 of 2024 PETITIONERS WHICH ARE ENMARKED AS ROAD MARGIN AREA. e) ISSUE DIRECTIONS AS WRIT OF MANDAMUS/DIRECTION DIRECTING THE RESPONDENT NO.5 TO PASS AWARD AS PER SECTION 28 OF KARNATAKA STATE HIGH WAY ACT AND TO PAY COMPENSATION TO THE PETITIONER. f) ISSUE A WRIT, ORDER OR SPECIFIC DIRECTIONS IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO ACQUIRE THE LAND OF THE PETITIONER BY STRICTLY MAKING ARRANGEMENT FOR CALCULATING AND PAYMENT OF FAIR COMPENSATION. g) THAT THIS HON’BLE COURT BE PLEASED TO DECLARE THE MANNER IN WHICH THE LAND OF THE PETITIONER IS ATTEMPTED TO TAKEOVER BY THE RESPONDENTS IS ILLEGAL AND ALSO NOT RECOGNIZED AS ‘DUE PROCESS OF LAW’ AND NOT HAVING ANY LEGAL SANCTITY, AND ALSO DECLARE THE ACTS OF THE RESPONDENTS AS OPPRESSIVE, ARBITRARY AND MALAFIDE AND WITHOUT ANY AUTHORITY OF LAW AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) This petition is filed by the petitioner assailing the impugned letter as per Annexure-B issued by respondent No.6 wherein, the authorities by treating petitioner’s property as a road margin has proceeded to presume that it is owned by the Corporation, and based on this - 4 - HC-KAR NC: 2025:KHC-D:8081 WP No. 105095 of 2024 impugned letter, mutations are effected, thereby mutating the name of respondent No.3-Corporation. 2. The issue relating to the road margin is dealt by a Coordinate Bench of this Court in a batch of petitions. The Coordinate Bench of this Court while examining the issue relating to the right over road margin held that the road margin area unless it is surrendered or relinquished by the owner, continues to be owned by the owner. The order passed by the Coordinate Bench of this Court in W.P.Nos.108208-108209/2016 and connected matters is upheld by the Division Bench. 3. Learned Additional Advocate General on instructions has brought to the notice of this Court that the matter is seized before the Hon’ble Apex Court in SLP No.006293-006296/2024 and there is a status quo order granted by the Hon’ble Apex Court. 4. In that view of the matter petitioner is bound to succeed which shall be subject to the outcome of pending - 5 - HC-KAR NC: 2025:KHC-D:8081 WP No. 105095 of 2024 case in SLP No.006293-006296/2024 before the Hon’ble Apex Court. Accordingly, I pass the following: ORDER i) Writ petition is allowed. ii) Impugned letter vide Annexure-B issued by the 6th respondent is hereby quashed. iii) However, the order passed by this Court shall be subject to the outcome of SLP No.006293-006296/2024 pending before Hon’ble Apex Court. iv) In the event authority succeeds, it is open for the authorities to take appropriate steps relating to subject matter of this writ petition. v) The mutation which was effected based on impugned letter vide Annexure-B being quashed by this Court, revenue authorities concerned are hereby directed to delete the name of respondent No.3-Corporation from - 6 - HC-KAR NC: 2025:KHC-D:8081 WP No. 105095 of 2024 the revenue records in respect of petition property, which is earmarked as a road margin area in the respective approved layout plan and which are not acquired for the purpose of BRTS project and accordingly mutate petitioner’s name which shall be subject to result of SLP No.006293- 006296/2024 pending before Hon’ble Apex Court. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 75 - 7 - HC-KAR NC: 2025:KHC-D:8081 WP No. 105095 of 2024 IN THE HIGH COURT OF KARNATAKA AT DHARWAD [JITENDRA S/O DAYALAJI MAJETHIA VS. THE STATE OF KARNATAKA AND OTHERS] 10.07.2025 (VIDEO CONFERENCING / PHYSICAL HEARING) CORAM: HON'BLE MR JUSTICE PRADEEP SINGH YERUR ORAL ORDER This matter has been listed under the caption ‘for being spoken to’. 2. It is the contention of learned counsel for the petitioner that this Court allowed this petition vide order dated 26.06.2025. In the said order dated 26.06.2025, the impugned award passed by the 5th respondent/SLAO has not been set aside. Hence, the memo. 3. I am in agreement with the learned counsel for the petitioner that while allowing the petition there is an error in not setting aside the impugned order. Accordingly, I pass the following : ORDER 4. The impugned award bearing No.KRDCL / Bhu.Swa. / Award / Sarkari / C.R.-3 / 2014-15 / 703, - 8 - HC-KAR NC: 2025:KHC-D:8081 WP No. 105095 of 2024 dated 12.02.2015 vide Annexure-E passed by the 5th respondent is quashed and so also the impugned award bearing No. KRDCL / Bhu.Swa./ Award / Sarkari / C.R.-7 / 2014-15, dated 23.06.2015 vide Annexure-F passed by the 5th respondent is quashed insofar as lands bearing Block No.24/3B measuring 12 gunta 13 anna situated at Rayapur, Taluka and District Dharwad, Block No.24/1B measuring 12 gunta, 13 anna and Block No.24/2B measuring 12 gunta 13 anna. 5. This order shall be read along with the final order dated 26.06.2026 and it shall be treated as part and parcel of the final order dated 26.06.2025. Sd/- (PRADEEP SINGH YERUR) JUDGE ckk List No.: 1 Sl No.: 1