SRI MOHAMMAD SHARIF N KITTUR v. THE STATE OF KARNATAKA
WP/39110/2025 · 2026-01-21
Suraj Govindaraj
body2026
DailyLaw.ai
[ 2026 DAILYLAW 52120 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 52120 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3275 WP No. 39110 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.39110 OF 2025 (LB-RES) BETWEEN:
SRI. MOHAMMAD SHARIF N.KITTUR S/O NASIR AHAMAD KITTUR, AGED ABOUT 24 YEARS, RESIDENT OF HIDAYATHPURA GRAMA, SOLLAPURA / SIDDAPURA POST, KASABA HOBLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT – 577 520. …PETITIONER (BY SRI. MOHAMMED NAWAZ SHARIFF, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPT. OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, MS BUILDING, BENGALURU - 560 001
2.
THE CHIEF COMMISSIONER KARNATAKA PANCHAYAT RAJ COMMISSIONERATE, K.G ROAD, BENGALURU - 560 009.
3.
THE DISTRICT DEVELOPMENT OFFICER, DISTRICT RURAL DEVELOPMENT AUTHORITY / PANCHAYAT RAJ, CHITRADURGA DISTRICT, KARNATAKA – 577 501.
Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:3275 WP No. 39110 of 2025
4.
THE PANCHAYATH DEVELOPMENT OFFICER SIDDAPURA GRAM PANCHAYATH, CHITRADURGA DISTRICT – 577 501.
5.
THE CHIEF EXECUTIVE OFFICER, SIDDAPURA GRAM PANCHYATH, CHITRADURGA – 577 501.
6.
SMT. T. SHILPA W/O NAGARAJ V.
AGED ABOUT 27 YEARS R/A DAVANGERE ROAD, BHOOMI COLONY, CHITRADURGA - 577 501.
7.
SRI.K. ZAKIR S/O KAREEM KHAN.
AGED ABOUT 48 YEARS R/A 1ST CROSS, CHELLUGUDA NAGAR, ANJUMAN ROAD, CHITRADURGA- 577 501.
8.
SRI ZABIULLA S/O HABEEB SAB.
AGED ABOUT 45 YEARS R/A NO 441, KADUGODI, BENGALURU - 560 067.
9.
SMT. RADHAMMA W/O GURUSWAMY.
AGED ABOUT 42 YEARS R/A MADURA MALLAPA GRAMA KASABA HOBLI, CHITRADURGA - 577527 …RESPONDENTS (BY SMT. SPOORTHI.V, HCGP FOR R1)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS AND APPROVAL DATED 10-11-2025 AT ANNEXURE-A PASSED BY THE RESPONDENT NO. 4, INSOFAR AS IT RELATES TO APPROVAL OF FORMATION OF A RESIDENTIAL LAYOUT IN SURVEY NOS. 98/2, 98/3, 98/4 AND
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HC-KAR NC: 2026:KHC:3275 WP No. 39110 of 2025
99/1 OF SIDDAPURA GRAMA, KASABA HOBLI, CHITRADURGA TALUK, AS BEING ILLEGAL, ARBITRARY AND VITIATED.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs: a) To issue a Writ in the nature of Certiorari, or any other appropriate writ or order to quash the proceedings and approval dated 10-11-2025 at Annexure-A passed by the Respondent No. 4, insofar as it relates to approval of formation of a residential layout in Survey Nos. 98/2, 98/3, 98/4 and 99/1 of Siddapura Grama, Kasaba Hobli, Chitradurga Talk, as being illegal, arbitrary and vitiated.
b) To issue a Writ in the nature of Mandamus directing Respondent Nos. 2 to 5 to consider the representation dated 08.12.2025 at Annexure- D and prevent, prohibit and stop the diversion or discharge of sewage and sanitary waste from the said layout towards Hidayathpura Grama, and to ensure proper sanitation, drainage and environmental safeguards in accordance with law.
c) To pass such other order or orders as this Hon'ble Court may deem fit to grant under the facts and circumstances of the case, in the interest of justice and equity.
2.
Learned counsel for the petitioner has filed a memo, seeking permission of the Court to withdraw the writ petition. The said memo reads as follows:
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HC-KAR NC: 2026:KHC:3275 WP No. 39110 of 2025
“The counsel for the Petitioner most respectfully submits that the instant Writ Petition pertains to illegal discharge of sewage water into the Neighboring village. The counsel for the petitioner seeks to withdraw this instant petition with liberty to file PIL in order to avail appropriate remedy.
Therefore, this Hon’ble Court may be pleased to allow the Petitioner to withdraw the instant petition with liberty in the interest of justice and equity.”
3. Placing the memo on record, the writ petition is dismissed as withdrawn.
SD/- (SURAJ GOVINDARAJ) JUDGE
DR List No.: 1 Sl No.: 45