- 1 - HC-KAR NC: 2025:KHC-D:13747 WP No. 102801 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 102801 OF 2025 (GM-RES) BETWEEN: SARAKARI JAMEENUGALA BHOOGALLATANA VIRODHI VEDIKE (FORUM AGAINST ENCROACHMENT OF GOVERNMENT OF LANDS) HARPANAHALLI, TQ: HARAPANAHALLI, DIST: BALLARI – 583 101, R/BY IT IS PRESIDENT SHRI. DHYAMAJI HANUMANTAPPA, AGE: 50 YEARS, OCC: AGRICULTURE, SOCIAL WORK, R/O: WARD 8 ARASIKERI ROAD, HARAPANAHALLI, VIJAYANAGAR DISTRICT. …PETITIONER (BY SRI. ROHIT T. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY M.S.BUILDING, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, BALARI, TQ & DIST: BALLARI – 587 103. 3. THE ASSISTANT COMMISSIONER, HARPANAHALLI, TQ: HARPANAHALLI, DIST: BALLARI – 587 103. 4. THE TASHILDAR, HARPANAHALLI, Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:13747 WP No. 102801 of 2025 TQ: HARPANAHALLI, DIST: BALLARI – 587 103. 5. THE TOWN MUNICIPAL CORPORATION HARPANAHALLI, TQ: HARPANAHALLI, DIST: BALLARI – 587 103. …RESPONDENTS (BY SRI. V.S.KALURMATH, AGA FOR R1 TO R4; SRI. SHARANBASAVARAJ C., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION IN THE LIKE NATURE DIRECTING THE RESPONDENT NOS. 2 TO 5 HEREIN TO INITIATE ACTION TO CLEAR ALL THE ENCROACHMENTS IN LAND SY NO. 539/B MEASURING 6 ACRES 48 CENTS GIVEN TO KALAMMA TEMPLE AN EXTENT OF 2 ACRES 89 CENTS TO JAIN BASATHI AND AN EXTENT OF 6 ACRES 4 CENTS GIVEN TO ANJANEYA TEMPLE OUT OF TOTAL EXTENT OF 179-65 ACRES SITUATED AT HARPANAHALLI VILLAGE TQ. HARAPANMAHALLI DIST. BALLARI ANNEXURE-D IN THE ENDS OF JUSTICE. CONSEQUENTLY, NECESSARY DIRECTIONS MAY BE ISSUED TO RESPONDENT NOS.1 TO 5 IN THE FORM OF WRIT OF MANDAMUS TO IMPLEMENT THE DIRECTIONS ISSUED BY THE HON’BLE HIGH COURT OF KARNATAKA IN W.P.NO.54494/2017 DATED 21.02.2019 VIDE ANNEXURE – K IN ENDS OF JUSTICE AND ETC., THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:: - 3 - HC-KAR NC: 2025:KHC-D:13747 WP No. 102801 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: a. Issue writ in the nature of mandamus or any other order or direction in the like nature directing the respondent nos. 2 to 5 herein to initiate action to clear all the encroachments in land sy no. 539/B measuring 6 acres 48 Cents given to Kalamma Temple an extent of 2 acres 89 cents to jain basathi and an extent of 6 acres 4 Cents given to Anjaneya Temple out of total extent of 179-65 acres situated at Harpanahalli village Tq. Harapanmahalli Dist. Ballari Annexure-D in the ends of justice. b. Consequently, necessary directions may be issued to respondent nos.1 to 5 in the form of writ of mandamus to implement the directions issued by the Hon’ble High court of Karnataka in W.P.No.54494/2017 dated 21.02.2019 vide Annexure – K in ends of justice. c. Pass such order or orders which this Hon’ble court deems fit and necessary under the facts and circumstances of the case. 2. The learned AGA on instructions and verification of the records would submit that the grievance of the petitioner has been redressed and the encroachment has now been cleared which is disputed by the learned counsel appearing for the petitioner. - 4 - HC-KAR NC: 2025:KHC-D:13747 WP No. 102801 of 2025 3. The learned counsel for the petitioner would submit that the encroachment has not been cleared in terms of the order passed by the Co-ordinate Bench of this Court way back in 2019 in Writ Petition No.54494/2017 disposed of on 21.02.2019. 4. In the light of the submission of the learned AGA, reserving liberty to the petitioner to knock at the doors of the appropriate forum on the strength of the document that the encroachments have been cleared, the petition stands disposed off. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-ASC List No.: 1 Sl No.: 57