- 1 - NC: 2025:KHC-D:1194 WP No. 106635 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.106635 OF 2024 (LB-RES) BETWEEN: SHIVANAND @ SHIVAPPA BAVOOR @ KUMBAR, SINCE DECEASED BY HIS LR. SRI. MEGHARAJ S/O. SHIVANAND @ SHIVAPPA BAVOOR @ KUMBAR, AGE: ABOUT 31 YEARS, OCC: BUSINESS, R/O. NEAR BUDIHAL HOSPITAL, GADDANAKERI, TALUK AND DISTRICT: BAGALKOT-587101. …PETITIONER (BY SRI. T.M. NADAF & SMT. GAYATRI S.R., ADVOCATES) AND: 1. THE CHIEF ENGINEER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587103. 2. THE REHABILITATION OFFICER, BAGALKOT TOWN DEVELOPMENT AUTHORITY, BAGALKOT-587103. …RESPONDENTS (BY SRI. G.K. HIREGOUDAR, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.1 AND 2 HEREIN TO ISSUE HAKKUPATRA IN TERMS OF INTIMATION LETTER DATED 04.09.2024 BEARING NO. KRA PU AA. BAA PA AA PRA. NIVESHANA CR.2024-25/1293 ISSUED BY RESPONDENT NO.2 AND IN TERMS OF THE RESOLUTION DATED 06.11.2015 BEARING NO. MU IM/BAA PA AA PRA/PB-4/2015-16/2295 PASSED BY BTDA, WHICH IS PRODUCED AT ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY. ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - NC: 2025:KHC-D:1194 WP No. 106635 of 2024 THIS 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. The petitioner is before this Court seeking for the following reliefs: a. Issue a writ of Mandamus directing the respondent No.1 and 2 herein to issue Hakkupatra in terms of intimation letter dated 04.09.2024 bearing No. Kra Pu Aa. Baa Pa Aa Pra. Niveshana CR.2024-25/1293 issued by Respondent No.2 and in terms of the Resolution dated 06.11.2015 bearing No. Mu Im/Baa Pa Aa Pra/PB-4/2015-16/2295 passed by BTDA, which is produced at Annexure-E. b. Pass such other orders or direction as this Hon’ble Court deems just and proper under the facts and circumstances of the case, in the interest of justice and equity. 2. The petitioner's property was acquired by the Bagalkote Town Development Authority for the purpose of Upper Krishna Project in the year 1995- 1996. Pursuant to which, 'A' category site was allotted. The petitioner on 16.08.2022 had submitted a representation to allot 'C' category site and the same not having been considered, the petitioner had approached this Court by filing WP No.102025/2023, - 3 - NC: 2025:KHC-D:1194 WP No. 106635 of 2024 which came to be referred to the Lok-Adalat, where the matter was settled with the respondents agreeing to consider the representation within a period of six weeks. 3. Post the disposal of the matter before the Lok-Adalat, on 19.01.2024 another representation was submitted by the petitioner. Pursuant thereto, on 04.09.2024 an intimation letter was issued by the respondents that a 'C' category plot had been allotted calling upon the petitioner to deposit a sum of Rs.13,680/- within 15 days, which came to be deposited on the very same day. Thereafter, no action has been taken. 4. It is rather shocking that after the matter was settled before the Lok-Adalat, the respondents have taken such a long time. Having undertaken to consider the representation within six weeks from 09.12.2023, it is only on 04.09.2024 that intimation was issued by the respondents after a gap of nearly one year and despite the deposit having been made on 04.09.2024, the allotment is not completed and necessary lease-cum- - 4 - NC: 2025:KHC-D:1194 WP No. 106635 of 2024 sale deed not executed in favour of the petitioner. The respondents by the above have completely sought to set at nought the settlement process before the Lok- Adalat. Having agreed to consider the representation within six weeks, it was expected of the respondents to do so within that time and complete the process. Even after settlement before the Lok-Adalat on 09.12.2023, the process is not completed as on date. 5. In that view of the matter, I pass the following: ORDER i) The writ petition is allowed. ii) A mandamus is issued directing respondents No.1 and 2 to issue necessary Hakkupatra in terms of the intimation letter dated 04.09.2024 and the resolution dated 06.11.2015, within a period of three weeks from the date of receipt of certified copy of this order. iii) Respondents No.1 and 2 are directed to deposit cost of Rs.2,500/- each to the Advocates Clerks Association, High Court of Karnataka, Dharwad Bench within a - 5 - NC: 2025:KHC-D:1194 WP No. 106635 of 2024 period of two weeks for having taken an inordinately long time to comply with undertaking given before the Lok-Adalat. If there are more than one officer occupying the posts from 09.12.2023, each of them would be liable to make payment of cost of Rs.2,500 as aforesaid. Sd/- (SURAJ GOVINDARAJ) JUDGE AM CT-MCK List No.: 1 Sl No.: 36