- 1 - HC-KAR NC: 2026:KHC-D:1778 WP No. 103644 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 6TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 103644 OF 2025 (LB-RES) BETWEEN: BIMAL MEHTA S/O. KANTILAL MEHTA AGE: 60 YEARS, R/O. 12 4TH CROSS, KESWAPUR, HUBLI, DHARWAD-580023. …PETITIONER (BY SRI. SHRIDHAR PRABHU, ADVOCATE) AND: 1. THE MUNICIPAL COMMISSIONER HUBBALLI-DHARWAD MUNICIPAL, CORPORATION (HDMC), SIR SIDDAPPA KAMBALI ROAD, HUBBALLI-580020. 2. HUBBALLI-DHARWAD SMART CITY LIMITED (HDSCL), NEW COTTON MARKET, DESHPANDE NAGAR, HUBBALLI-580031. 3. DEPUTY COMMISSIONER UB HILLS, DHARWAD-580001. …RESPONDENTS (BY SRI. AMAR DHARIYANNAVAR, ADVOCATE FOR SRI. C.V.ANGADI, ADVOCATE FOR R1; SIR. ASHOK T. KATTIMANI, AGA FOR R3; NOTICE TO R2 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE REPRESENTATION DATED 19TH FEBRUARY 2025 PRODUCED AT ANNEXURE-A AND IMMEDIATELY REMOVE THE ENCROACHING PORTION OF THE WALKWAY CONSTRUCTED ON THE PETITIONER’S PRIVATE LAND AND RESTORE THE PROPERTY TO ITS ORIGINAL CONDITION AND ETC. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.18 10:30:18 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1778 WP No. 103644 of 2025 THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. The petitioner is before this Court seeking the reliefs: A. Issue a writ of mandamus directing the respondents to consider the representation dated 19th February 2025 produced at Annexure A and immediately remove the encroaching portion of the walkway constructed on the petitioner's private land and restore the property to its original condition. B. Issue a writ of mandamus restraining the respondents from carrying out any further encroachment, or unauthorized construction on the petitioner's land bearing survey No.32/1, situated at Mariyan Timmasagar, Hubballi, process of law, including proper acquisition and compensation. C. Direct the respondents to compensate the petitioner for the unauthorized occupation of his property and for the loss and inconvenience caused due to the illegal encroachment. D. Grant cost of the Writ Petition. E. Pass any appropriate writ, order or direction as the Hon'ble Court deems fit to grant, under the circumstances of the case, In the interest of justice. - 3 - HC-KAR NC: 2026:KHC-D:1778 WP No. 103644 of 2025 2. Heard the learned counsel for the petitioner, learned counsel appearing for respondent No.1 and learned Addl. Government Advocate appearing for respondent No.3 - State. 3. The petitioner claims to be the absolute owner of the land bearing Sy. No.32/1. It is stated that during the implementation of the Smart City Project, a walkway has been constructed and the portion of the same, has encroached upon the petitioner’s private property. 4. Learned counsel appearing for petitioner submits that the petitioner has already submitted a representation seeking removal of the encroached portion and that it is the duty of the authorities to verify the encroachment by conducting an appropriate survey. Failure to act on the representation, the petitioner has approached this Court. 5. Per contra, learned counsel for respondent No.1 submits that, though the representation has been - 4 - HC-KAR NC: 2026:KHC-D:1778 WP No. 103644 of 2025 submitted, the petitioner has not made any specific application before the competent Municipal Authorities seeking survey of lands to ascertain the alleged encroachment. Without such request and proper particulars, no action could be initiated. 6. On perusal of material on record, it is evident that though the petitioner submitted a representation seeking removal of encroachment, there is no specific request placed before the Competent Authority seeking a formal survey to ascertain whether any portion of the petitioner’s land has in fact been encroached upon. 7. In matters relating to alleged encroachment of land, determination of factual aspect, such as measurement and boundary identification necessarily requires a survey by the Competent Authority. In that view of the matter, the petitioner needs to file a detailed representation seeking survey and verification. - 5 - HC-KAR NC: 2026:KHC-D:1778 WP No. 103644 of 2025 Accordingly, liberty deserves to be reserved to the petitioner to approach the authority in accordance with law. Accordingly, the following: ORDER i. The writ petition stands disposed of. ii. Liberty is reserved to the petitioner to submit a detailed representation to respondent No.1 within a period of two (2) weeks from the date of receipt of certified copy of this order, furnishing complete particulars of the petitioner’s land and the alleged encroachment and specifically seeking a survey. iii. Upon receipt of such representation, respondent No.1 shall consider the same and pass appropriate orders in accordance with law within a period of two(2) weeks thereafter. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 38