- 1 - NC: 2025:KHC-D:1399 WP No. 107445 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 107445 OF 2024 (LB-RES) BETWEEN: SHRI. ERAPPA S/O. SEDEPPA ARAVALLI AGE. 23 YEARS, OCC. AGRICULTURE, R/O.KADROLLI VILLAGE, TQ. KITTUR, DIST. BELAGAVI-591153 …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE M.S.BUILDING, BENGALURU-560001 2. THE DEPUTY COMMISSIONER, BELAGAVI DISTRICT, BELAGAVI-590001. 3. THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYATH BELAGAVI, 4360/A,KACHERI GALLI, KHADE BAZAR, RAVIWAR PETH, BELAGAVI-590001 4. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.27 16:33:55 +0530 - 2 - NC: 2025:KHC-D:1399 WP No. 107445 of 2024 HQWG-MH3, KITTUR, KARNATAKA-591115. 5. THE PANCHAYATH DEVELOPMENT OFFICER (PDO) KADROLLI GRAM PANCHAYATH, TQ. KITTUR, DIST. BELAGAVI-591153 …RESPONDENTS (BY SRI V.S.KALASURMATH, AGA FOR RESPONDENTS NO.1 AND 2) (BY SRI V.SHIVARAJ HIREAMTH, ADVOCATE FOR RESPONDENTS NO.3 TO 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NO.2 TO 5 TO ISSUE COMPUTERIZED RECORD OF RIGHTS IN THE NAME OF PETITIONER AND TO GRANT HIM LICENSE TO CONSTRUCT HOUSE OVER THE LAND BEARING PROPERTY NO. 568/A/5 OUT OF WHICH PLOT NO.1 MEASURING TO AN EXTENT OF 50 X 80 FOOT ALLOTTED TO THE PETITIONER BY RESPONDENT NO.5 BY CONSIDERING THE REPRESENTATION DATED 04.11.2023 SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.5 AS PER ANNEXURE-M AND ALSO THE REPRESENTATION DATED 18.10.2024 AND 19.10.2024 SUBMITTED BY THE PETITIONER TO THE RESPONDENT NO.2 TO 4 AS PER ANNEXURE-N TO N2 RESPECTIVELY AND ISSUE ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION WHICH DEEMS FIT TO GRANT BY THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:1399 WP No. 107445 of 2024 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Petitioner is before this court seeking for the following reliefs: (i) Issue writ of mandamus or any other order or direction, directing the respondents No.2 to 5 to issue computerized record of rights in the name of petitioner and to grant him license to construct house over the land bearing property no.568/A/5 out of which plot no.1 measuring to an extent of 50 x 80 foot allotted to the petitioner by respondent no.5 by considering the representation dated 04.11.2023 submitted by the petitioner to the respondent no.5 as per Annexure-M and also the representation dated 18.10.2024 and 19.10.2024 submitted by the petitioner to the respondent no.2 to 4 as per Annexure-N to N2 respectively. (ii) Issue any other appropriate writ or order or direction which deems fit to grant by this Hon’ble Court under the facts and circumstances of the case in the interest of justice and equity. 2. Petitioner claims to be the owner of land bearing property No.568/A/5 in new Kadrolli village. For computerised record of rights and grant him a license to construct house over the said property a representation had also been submitted on - 4 - NC: 2025:KHC-D:1399 WP No. 107445 of 2024 04/11/2023 at Annexure-M followed by further representations on 18/10/2024 and 19.10.2024 at Annexures-N to N2. Insofar as the issuance of computerised record of rights, the 5th respondent ought to have considered the same and issued the said computerised record of rights on the basis of the representations submitted by the petitioner. 3. A representation in the form of a letter would not suffice for the purpose of issuance of a computerised record of rights. In that view of the matter, reserving liberty to the petitioners to file necessary application in the applicable form accompanied by necessary documents, the petition stands disposed of directing the respondent-TMC to consider the said application as and when filed within 30 days from such filing. 4. Insofar as the license to construct the house is concerned, it is for the petitioner to file necessary application in the proper format accompanied by necessary documents for grant of plan sanction and - 5 - NC: 2025:KHC-D:1399 WP No. 107445 of 2024 building licence. Hence the representation in relation thereto cannot be considered, as such, I pass following: ORDER (i) Petition is partly allowed. (ii) As and when the petitioner to make an application for grant computerised record of rights Respondent No.5 is directed to consider the application within 30 days from the date of receipt of the application. (iii) As and when the petitioner to make an application for grant of plan sanction and building licence in the applicable format accompanied by necessary documents, the same would be considered in accordance with the applicable laws by respondent No.5 within a period of 60 days of such submission. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK List No.: 1 Sl No.: 37