- 1 - HC-KAR NC: 2025:KHC-D:10575 WP No. 106014 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 106014 OF 2025 (GM-RES) BETWEEN: MAHENDRAKUMAR S/O. PUKHRAJ JAIN, AGE: 54, OCC: BUSINESS, R/O: M. J. NAGAR, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYANAGAR – 587 201. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI., & SRI. SHIVASHANKARGOUDA S. PATIL, ADVOCATES) AND: 1. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE 560001, R/BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, VIJAYANAGAR DISTRICT , DC OFFICE T B DAM ROAD , TQ: HOSAPETE, DIST: VIJAYNAGAR – 587 201. 3. THE ASSISTANT COMMISSIONER, HOSAPETE, TQ: HOSAPETE , DIST: VIJAYNAGAR – 587 201. Digitally signed by GIRIJA A. BYAHATTI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10575 WP No. 106014 of 2025 4. THE TAHSILDAR, HOSAPETE, TQ: HOSAPETE, DIST: VIJAYNAGAR – 587 201. 5. THE PIO AND PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA , PIU HOSAPETE, TQ:HOSAPETE, DIST: VIJAYNAGAR – 587 201. 6. GADIGI RAGHAVENDRA PRASAD S/O. GADIGI ALLAPPA, AGE: MAJOR R/O: DOOR NO 3-12-1, SANTOSH NAGAR, KARNOON MANDALAM, MAMIDALAPADU VILLAGE, TQ: KURNOOL AND DIST: KURNOOL 518 004. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT NOS. 2 AND 4 TO ISSUE NOTICE AND PROVIDE AN OPPORTUNITY OF BEING HEARD TO THE PETITIONER BEFORE PROCEEDING TO TAKE ANY ACTION OR PASS ANY OTHER PURSUANT TO THE COMMUNICATION DATED 26/06/2025 ISSUED BY RESPONDENT NO.2 TO RESPONDENT NO. 4 BEARING NO. SAM/KAM/AASHA/29/2025-26 VIDE ANNEXURE-J AND ETC. THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10575 WP No. 106014 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 4. 2. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ of mandamus directing Respondent No.2 and 4 to issue notice and provide an opportunity of being heard to the petitioner before proceeding to take any action or pass any order pursuant to the communication dated 26.06.2025 issued by Respondent No.2 to Respondent No.4 bearing No. SAM/KAM/AASHA/29/2025-26 vide Annexure-J b. Pass any such other order(s) as this Hon’ble Court may deem fit in the interest of justice and equity. 3. The apprehension on part of the petitioner, which has resulted in filing the above petition and seeking for the relief sought for is that the Deputy Commissioner may not afford an opportunity to the petitioner to be heard so as to enable the petitioner to place the required documents in support of the case of the petitioner before the Deputy Commissioner. 4. A perusal of Annexure-J indicates that what has been directed is an enquiry to be conducted. An enquiry naturally presupposes an opportunity of being heard to be provided to - 4 - HC-KAR NC: 2025:KHC-D:10575 WP No. 106014 of 2025 the petitioner. As such, the apprehension on part of the petitioner is completely misplaced. Any officer of the government before passing any order would necessarily have to provide an opportunity to the citizen before passing any orders. As such, I am of the considered opinion that no particular mandamus is required to be issued in the present matter. 5. With the above observation, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 2 Sl No.: 41