- 1 - NC: 2025:KHC-D:3679 WP No. 105314 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105314 OF 2024 (KLR-RES) BETWEEN: SRI. CHANDRAPPA KODIHALLI, S/O. VEERABHADRAPPA, AGED ABOUT 62 YEARS, KANAVIHALLI VILLAGE, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT-583131. …PETITIONER (BY SRI. JAYAWANT SAVAGAON & SRI. ARAVIND H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, VIDHANA VEEDHI, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER, VIJAYANAGARA DISTRICT-583201. 3. THE TAHSILDAR, HARAPANAHALLI TALUK, VIJAYANAGARA DISTRICT-583131. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE IMPUGNED NOTICE BEARING NO.KAM.L.N.D./C.R/978/2023-24, ISSUED BY THE 3RD RESPONDENT VIDE ANNEXURE-A, IN SO FOR AS THE PETITIONER IS CONCERNED, IN THE INTEREST OF JUSTICE AND ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.25 15:12:52 +0530 - 2 - NC: 2025:KHC-D:3679 WP No. 105314 of 2024 EQUITY; DIRECT THE RESPONDENTS, MORE PARTICULARLY, THE 3RD RESPONDENT TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONER AT ANNEXURE-C DATED 20.6.2024 AND SANCTION THE LAND IN QUESTION IN THEIR FAVOUR AS THE PETITIONER FAMILY HAVE ACQUIRED RIGHT OVER THE LAND IN QUESTION IN THE COURSE OF TIME, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned Additional Government Advocate accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs; i. Issue a Writ or order in the nature of writ of certiorari quashing the impugned notice bearing No.Kam.L.N.D./C.R/978/2023-24, issued by the 3rd respondent vide Annexure-A, in so for as the petitioner is concerned, in the interest of justice and equity; ii. Direct the respondents, more particularly, the 3rd respondent to consider the representation submitted by the Petitioner at Annexure-C dated 20.6.2024 and sanction the land in question in their favour as the petitioner family have acquired right over the land in question in the course of time, in the interest of justice and equity. iii. Pass such other order or direction deemed just and expedient in the circumstances of the case including the posts. - 3 - NC: 2025:KHC-D:3679 WP No. 105314 of 2024 3. The grievance of the petitioner is that without considering the application filed by the petitioner under Form No.57 for regularisation of unauthorised construction, the respondents have directed the eviction of the petitioner. 4. Learned Additional Government Advocate on instructions having been received through the Court Case Monitoring System submits that the land cannot be granted and necessary orders are being passed and would be so passed in 15 days from today. 5. If that be so, the relief sought for by the petitioner cannot be granted. In the event of any orders being passed as submitted by learned Additional Government Advocate, reserving liberty to petitioner challenge the same, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 10