- 1 - HC-KAR NC: 2025:KHC-D:15297 WP No. 103105 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103105 OF 2025 (LB-UC) BETWEEN: HOSAHUBBALLI MEDAR, SHRI KARIYAMMA DEVASTAN TRUST COMMITTEE, R/AT: CTS NO.229, NEW MEDAR ONI, HUBBALLI, ULLAGADDIMATH ONI RD, HUBBALLI-580 020, R/BY ITS PRESIDENT, BASAVRAJ S/O DURGAPPA KUNDAGOL, AGE. 72 YEARS, OCC. RTD. GOVT. SERVANT, NEW MEDAR ONI, HUBBALLI, ULLAGADDIMATH ONI RD, HUBBALLI, DIST. DHARWAD-580 020. … PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: 1. THE COMMISSIONER, HUBBALLI DHARWAD MUNICIPAL CORPORATION, WARD NO.47, SIR SIDDAPPA KAMBLI RD, BESIDE MINI VIDHAN SOUDA, HUBBALLI, KARNATAKA-580 020. 2. SMT. NAGUBAI W/O PARASHURAM BALLARI, AGE. 65 YEARS, OCC. HOUSE WIFE, R/AT: HOSA HUBBALLI, MEDAR ONI, NEAR KARIYAMMA TEMPLE, TQ. HUBBALLI, DIST. DHARWAD-580 020. 3. SHRI. SANTOSH S.O PARASHURAM BALLARI, AGE. 40 YEARS, OCC. BUSINESS, R/AT: HOSA HUBBALLI, MEDAR ONI, NEAR KARIYAMMA TEMPLE, TQ. HUBBALLI, DIST. DHARWAD-580 020. … RESPONDENTS (BY SRI. G.I. GACHICHINAMATH, ADVOCATE FOR R1; SRI. S.M. KALABURGI AND SRI. K.M. SANKESHWAR, ADVOCATES FOR R2; SRI. S.D. NARGUND, ADVOCATE FOR R3) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:15297 WP No. 103105 of 2025 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 BY DIRECTING THE RESPONDENT TO CONSIDER THE REPRESENTATION DATED 18/02/2025 I.E., ANNEXURE-D AND TAKE FURTHER STEPS IN ACCORDANCE WITH LAW AS PER THE PROVISIONS OF KMC ACT. THIS PETITION COMING ON FOR FURTHER ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioner seeking a writ of mandamus directing respondent No.1 to consider the representation dated 18.02.2025, marked as Annexure-D. 2. Learned counsel appearing for respondents No.2 and 3 submits that the dispute, if any, between the petitioner and respondents No.2 and 3 has are already been settled in terms of the compromise decree dated 06.09.2001 in O.S.No.307/1997 on the file of I Additional Civil Court (Junior Division), Hubli. 3. Learned counsel appearing for the petitioner would submit that the rules and regulations relating to construction of building are violated, and for which, the representation is made. - 3 - HC-KAR NC: 2025:KHC-D:15297 WP No. 103105 of 2025 4. Learned counsel appearing for respondents No.2 and 3 would submit that no rule is violated, and the parties' rights and liabilities are governed by the compromise decree. 5. This Court is of the view that respondent No.1 has to consider the representation by issuing notice to respondents No.2 and 3 and other joint owners of the property, whose names are reflected in property extract at Annexure-5 of the statement of objection filed by respondents No.2 and 3. Thereafter, respondent No.1 shall pass appropriate orders. 6. With these observations, the writ petition is disposed of. 7. The Court has not expressed anything on the merits of the claim of either of the parties. 8. All contentions of the parties are kept open. 9. The exercise shall be completed by respondent No.1 within 60 days from the date of receipt of copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP/CT:BCK/LIST NO.: 1 SL NO.: 31