- 1 - NC: 2025:KHC-D:2202 WP No. 105811 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105811 OF 2022 (KLR-RES) BETWEEN: MOHAN DAJI AVARSEKAR, AGE: 55 YEARS, OCC: COOLIE, R/O: INP, ROAD, BHANDARIWADA, BAITHKOL, VTC KARWAR, UTTAR KANNADA – 581 032. …PETITIONER (BY SRI JAGADISH PATIL, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KANNADA KARWAR DIST – 581 301. 2. THE TAHASILDAR, KARWAR – 581 301. 3. THE VILLAGE ACCOUNTANT, KARWAR – 581 301. 4. THE COMMISSIONER CITY MUNICIPAL COUNCIL, KARWAR – 581 301. 5. FATHIMA MAIDIN BYARI (BIHARI), AGE: 74 YEARS, OCC: COOLIE, R/O: SITE NO. 36 CITY MUNICIPAL BUILDING, 3334/1866/4/9 SARVODAY NAGAR, KODIBAG, KARWAR – 581 303. …RESPONDENTS (BY SRI V.S.KALASURMATH, ADVOCATE FOR R1 TO R3; SRI S.V.YAJI, ADVOCATE FOR R4; SRI SHIVARAJ S. BALLOLI, ADVOCATE FOR R5) 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 DIRECTING THE RESPONDENT NO.1 TO HANDOVER THE VACANT POSSESSION OF THE SUBJECT PROPERTY ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:2202 WP No. 105811 of 2022 TO THE PETITIONER AS PER GRANT ORDER DATED RB/LAQ/ CR/110/81-82 DATED 23/12/1983 PASSED BY RESPONDENT NO.1 VIDE ANNEXURE A AND TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR QUASH OR DIRECTING THE RESPONDENT NO.1 TO IMPLEMENT THE ORDER DATED 02/02/2022 PASSED IN WP NO.100359/2022 VIDE ANNEXURE –P, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING B-GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs; “1. Issue a writ in the nature of mandamus directing the respondent no.1 to handover the vacant possession of the subject property to the petitioner as per grant order dated RB/LAQ/CR/110/81-82 dated 23/12/1983 passed by respondent No.1 vide Annexure A. 2. Issue a writ in the nature of mandamus or quash or directing the respondent No.1 to implement the order dated 02/02/2022 passed in W.P. No.100359/2022 vide Annexure – P. 3. Grant any other reliefs which this Hon’ble Court may deem fit in the interest of justice and equity.” 2. The grievance of the petitioner is that the order dated 23.12.1983 bearing No.RB/LAQ/CR/110/81-82 passed by respondent No.1 at Annexure-A and the order dated 02.02.2022 passed by this Court in - 3 - NC: 2025:KHC-D:2202 WP No. 105811 of 2022 W.P.No.100359/2022 vide Annexure-P, have not been implemented. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) Mandamus is issued directing respondent No.1 to implement the order dated 23.12.1983 passed by respondent No.1 at Annexure-A as also the order dated 02.02.2022 passed by this Court in W.P.No.100359/2022 at Annexure-P within a period of 30 days from the date of receipt of certified copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE AM/CT-ASC List No.: 1 Sl No.: 59