- 1 - HC-KAR NC: 2025:KHC:41719-DB WP No. 16955 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 16955 OF 2022 (LB-RES-PIL) BETWEEN: 1. SRI BASANNA S/O. SHIVAPPAGOUDA PATIL AGED ABOUT 57 YEARS OCC: AGRICULTURE 2. SRI SRISHAIL S/O RAYAPPA KUNTOGI AGED ABOUT 48 YEARS OCC: AGRICULTURE 3. SRI BHIMANAGOUDA S/O GURULINGAPPAGOUDA PATIL AGED ABOUT 48 YEARS OCC AGRICULTURE ALL RESIDENTS OF BALAGANUR VILLAGE TALUK SINDAGI - 586 128 DISTRICT: BIJAPUR …PETITIONERS (BY SRI GURUPADAPPA GOLAPPA CHAGASHETTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDINGS BANGALORE - 560 001 Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:41719-DB WP No. 16955 of 2022 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, BIJAPUR BIJAPUR - 586 101 3. THE TALUK EXECUTIVE OFFICER TALUK PANCHAYATH SINDAGI - 586 128 SINDAGI, DISTRICT: BIJAPUR 4. THE PANCHAYATH DEVELOPMENT OFFICER BALAGANUR VILLAGE PANCHAYATH BALAGANUR VILLAGE SINDAGI TALUK - 586 128 DISTRICT: BIJAPUR 5. SMT. KALLAWWA W/O. RAVUTAPPA HADAPAD AGED ABOUT 65 YEARS OCC: HOUSEHOLD R/AT. BALAGANUR VILLAGE SINDAGI TALUK - 586 128 DISTRICT: BIJAPUR …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR RESPONDENT No.1 SMT. RATNA N. SHIVAYOGIMATH, ADVOCATE FOR RESPONDENT No.2 RESPONDENTS No.3 & 4 ARE SERVED & UNREPRESENTED SRI SANDEEP R. ADVOCATE FOR SRI N.K. RAMESH, ADVOCATE FOR RESPONDENT No.5) 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, TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 04/05/2022 AND 26/07/2022 VIDE ANNEXURE - B AND J & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:41719-DB WP No. 16955 of 2022 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, praying as under: "a) Issue a writ in the nature of mandamus, to direct the respondents to consider the representation dated 4.5.2022 and 26.07.022 vide Annexure-B and J. b) To pass such other order or direction as this Hon'ble court deems to fit under the facts and circumstances of the case in the interest of justice and equity." 2. The petitioner contends that the property described as VPC No.123 located in Balaganur Village has been reserved for public purpose and not been allotted to any person. Yet, respondent No.5 has encroached upon the said property and has constructed a residential house. In this regard, the petitioner had made a representation dated 04.05.2022 to the concerned officials. However, the same has not been considered. It is stated that thereafter the Certificate dated 08.06.2022 in respect of the - 4 - HC-KAR NC: 2025:KHC:41719-DB WP No. 16955 of 2022 property in question (VPC No.123) was issued in favour of respondent No.5. The petitioner questioned the same and also made a representation dated 26.07.2022. However, the said representation has also not elicited any response. 3. The learned Additional Government Advocate submits that the representations are required to be considered by respondent No.4. 4. The learned counsel appearing for respondent No.5 disputes the averments made in the present petition and submits that before any adverse orders are passed, respondent No.5 is also required to be afforded an opportunity to be heard. 5. None appears for respondent No.4, despite service. 6. In the aforesaid circumstances, we consider it apposite to direct respondent No.4 to consider the representations dated 04.05.2022 and 26.07.2022 made by the petitioner, as expeditiously as possible and preferably within a period of twelve weeks from date. 7. We also clarify that in the event, any orders are proposed to be passed or any decision is proposed to be taken adverse to the - 5 - HC-KAR NC: 2025:KHC:41719-DB WP No. 16955 of 2022 interest of respondent No.5, sufficient notice shall be given to respondent No.5 and she would also be afforded an opportunity to be heard. 8. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE AHB List No.: 1 Sl No.: 30