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2025 DAILYLAW 85060 (KAR)

P. MALLAPPA S/O. MALLAPPA PARIMALA NILAYA v. THE STATE OF KARNATAKA

WP/103866/2021 · 2025-12-09

M Nagaprasanna

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:17709 WP No. 103866 of 2021 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 9TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 103866 OF 2021 (GM-RES) BETWEEN: P. MALLAPPA S/O. MALLAPPA PARIMALA NILAYA, AGE. 42 YEARS, HOUSE NO.8, WARD NO.17, GURUKRUPA COLONY PATEL NAGAR, BALLARI – 583 101. …PETITIONER (BY SRI. G. S. HULMANI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIKAS SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, OFFICE OF DEPUTY COMMISSIONER, BALLARI-583 103. 3. THE COMMISSIONER, CITY MUNICIPAL CORPORATION, BALLARI-583 101. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2; SRI. C.V.ANGADI, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESP NO.3 TO CONSIDER THE REPRESENTATIONS FILED BY THE PETITIONER VIDE ANNEXURE-H DTD.18/02/2021 AND TAKE SUITABLE ACTION IN THIS REGARD. B) AND ALSO GRANT SUCH ANY OTHER WRIT OR ORDER WHICH DEEMS FIT TO THIS HON BLE COURT. C) COST OF THIS PETITION BE AWARDED AND ETC., Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:17709 WP No. 103866 of 2021 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING B GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The petitioner is before this Court seeking the following prayer: “A. Issue a direction in the nature of mandamus directing the Resp No.3 to consider the representations filed by the petitioner vide Annexure-H dtd.18/02/2021 and take suitable action in this regard. B. And also grant such any other writ or order which deems fit to this Hon’ble Court. C. Cost of this petition be awarded.” 2. The petitioner is stated to be a resident of a private layout. The respondent-Corporation is said to have undertaken before the Consumer Forum that it would form a road in the said layout. The undertaking is sought to be enforced by the petitioner through several representations submitted to the respondents. 3. As the respondents have not considered the said representations, the petitioner is before this Court in the present petition. - 3 - HC-KAR NC: 2025:KHC-D:17709 WP No. 103866 of 2021 4. Learned counsel appearing for the respondents submits that the petition is in the nature of a public interest litigation and that no relief ought to be granted. 5. In the light of the prayer being innocuous viz, seeking only consideration of the representation regarding formation of the road, I deem it appropriate to direct the respondents to consider the petitioner’s representations in accordance with law and pass necessary orders thereon within an outer limit of ten weeks from the date of receipt of the copy of this order. 6. It is made clear that this Court has not examined or adjudicated upon the right of the petitioner to seek laying of a road in a private layout. 7. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE AC/CT-ASC List No.: 2 Sl No.: 2