- 1 - HC-KAR NC: 2025:KHC-D:14846 WP No. 108026 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 31ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108026 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. MOTHER BIATRICE, AGED ABOUT 90 YEARS, R/AT: C/O. ST. MICHAEL SCHOOL (CONVENT), SULLA RAOD, NEAR PREETHI HOTEL, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 023. … PETITIONER (BY SRI. VINAYAK KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU-560 001, R/BY ITS PRINCIPAL SECRETARY. 2. THE REGIONAL JOINT DIRECTOR OF LAND RECORDS, NORTH ZONE, BELAGAVI, KARNATAKA-590 001. 3. THE COMMISSIONER, HUBBALLI-DHARWAD MAHANAGARA PALIKE, HUBBALLI, DHARWAD DISTRICT-580 032. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14846 WP No. 108026 of 2025 4. THE COMMISSIONER, HUBBALLI-DHARWAD URBAN DEVELOPMENT AUTHORITY, HUBBALLI, DHARWAD DISTRICT-580 032. 5. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX-OFFICIO DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, DHARWAD DISTRICT, DHARWAD-580 025. 6. THE DEPUTY DIRECTOR OF LAND RECORDS, TOWN PLANNING AUTHORITY, DHARWAD, HUBBALLI-DHARWAD MAHANAGARA PALIKE, HUBBALLI, DHARWAD DISTRICT-580 032. 7. THE ASSISTANT DIRECTOR OF LAND RECORDS, HUBBALLI, HUBBALLI TALUK, DHARWAD DISTRICT-580 032. 8. THE TAHSILDAR, HUBBALLI TALUK, HUBBALLI DISTRICT-DHARWAD-580 032. 9. SRI. BASEEL DE SOUZA, AGED ABOUT MAJOR, RESIDING AT: C/O. ROTARY PRIMARY AND HIGH SCHOOL, VENKATESH COLONY, HUBBALLI TOWN, HUBBALLI TALUK, DHARWAD DISTRICT-580 032. 10. SMT. JYOTHI W/O SANDEEP BAIDASARIYA, AGED ABOUT MAJOR, RESIDING AT: C/O SOUTHERN - 3 - HC-KAR NC: 2025:KHC-D:14846 WP No. 108026 of 2025 FERROUS INDUSTRIAL ESTATE, NEAR KEB, GOKUL ROAD, HUBBALLI-580 032. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5, R7 AND R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS; ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT SETTING ASIDE THE IMPUGNED ORDER PASSED BY THE RESPONDENT NO.2 DATED 03.04.2025 BEARING NO.KAM.SOM:AREV/SURVEY/PHODI/SR-206/2024 PRODUCED AT ANNEXURE-A CONSEQUENTLY; ISSUE WRIT OF MANDAMUS IN THE NATURE OR ANY OTHER WRIT OR ORDER OR DIRECTION TO THE RESPONDENTS MORE PARTICULARLY THE SPECIFIC DIRECTION MAY BE ISSUED TO THE 7TH RESPONDENT TO PREPARE AND ISSUE KAMMI JASTI PARTRIKE AFTER FIXATION OF BOUNDARIES OF THE LAND RE-SY.NO.9/1B, 9/1B/A3 AND 9/2B/3 MEASURING 06 ACRES AND 23 GUNTAS SITUATED AT BENGERI VILLAGE TQ. HUBBALLI, DIST. HUBBALLI, DIST. DHARWAD; ISSUE THE DIRECTION OR SUITABLE ORDER TO THE RESPONDENTS TO ARRANGE FOR ISSUANCE OF KAMMI JASTI PATRIKE FROM THE OFFICE OF THE 7TH RESPONDENT IN RESPECT OF LAND RE- SY.NO.9/1B, 9/1B/A3 AND 9/2B/3 MEASURING 06 ACRES AND 23 GUNTAS SITUATED AT BENGERI VILLAGE TQ. HUBBALLI, DIST. DHARWAD; ISSUE A WRIT OF CERTIORARI OR OTHER WRIT, SETTING ASIDE THE ORDER PASSED BY THE RESPONDENT NO.5 BY ITS VIDE ORDER IN SA:BHU,HU.NI/THA- 5/EV.VA-473/2023-24 DATED 14/03/2024 AT ANNEXURE-Y CONSEQUENTLY AND DIRECT THE RESPONDENTS TO PAY THE COSTS OF THIS PETITION AND INCIDENTAL EXPENSES INCURRED BY THIS PETITIONER. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:14846 WP No. 108026 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for respondents No.1 to 5, 7 and 8. 2. After considering the preliminary submissions made by the learned counsel for the petitioner, it is noticed that the petitioner admits that defendant No.3/Corporation is in possession of the property which the petitioner claims to be his property. 3. It is his further submission that a park is built by the respondent No.3. 4. On going through the materials on record, this Court is of the view that the dispute appears to be a title dispute which requires a trial and under the circumstances, the petition is not entertained. 5. The petitioner has to approach the Competent Civil Court for redressal of his grievance as advised in law. - 5 - HC-KAR NC: 2025:KHC-D:14846 WP No. 108026 of 2025 6. In case, the petitioner is aggrieved by any survey map which is prepared, the petitioner is at liberty to approach the Appellate Authority as advised in law. 7. The writ petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 14