- 1 - HC-KAR NC: 2026:KHC-D:195 WP No. 100177 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 8TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100177 OF 2017 (LB-RES) BETWEEN: RADHESHYAM S/O. SHRIVALLABH HEDA AGE: 33 YEARS, OCC: BUSINESS, R/O: 814, "RATNAGARBHA" ACHARYA GALLI, SHAHAPUR, BELAGAVI, DIST: BELAGAVI-590001. …PETITIONER (BY SRI. SHIVARAJ S.BALLOLI, ADVOCATE) AND: THE CITY CORPORATION BELAGAVI BY ITS COMMISSIONER, TAL: BELAGAVI-590001, DIST: BELAGAVI. …RESPONDENT (BY SRI. VINAY S.KOUJALAGI, ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT TO CONSIDER THE REPRESENTATION DATED 08.12.2016 SUBMITTED BY PETITIONER AS PER ANNEXURE-B AND ISSUE DEVELOPMENT RIGHT CERTIFICATE IN RESPECT OF PETITION PROPERTY BEARING CTS.NO.732 MEASURING 22.78 GTS SITUATED AT ANAGOL C SCHEME OPPOSITE 3RD RAILWAY GATE HINDU NAGAR, BELAGAVI AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.14 10:53:13 +0530 - 2 - HC-KAR NC: 2026:KHC-D:195 WP No. 100177 of 2017 CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Heard learned counsel appearing for the petitioner and the learned counsel appearing for the respondent/ Corporation. 2. The petitioner has approached this Court seeking a writ of mandamus directing respondent to consider the representation and grant certificate of development right. 3. The brief facts:- The petitioner is the owner of the property bearing CTS No.732 measuring 22.78 guntas situated at Anagol C scheme opposite 3rd railway gate Hindu Nagar, Belagavi. For the purpose of widening Khanapur road, the petitioner had voluntarily surrendered 8 ½ guntas of land free of cost in January-2016. The respondent/Corporation utilized the surrendered land for road widening, however, no development right certificate/developmental benefit was granted to the petitioner despite submission of a representation dated 08.12.2016. - 3 - HC-KAR NC: 2026:KHC-D:195 WP No. 100177 of 2017 4. Learned counsel for the petitioner submits that the non-consideration of the representation and non- issuance of the development right certificate has compelled the petitioner to approach this Court in this writ petition. He submits that this Court vide order dated 28.10.2025 had specifically directed the respondent/Corporation to file its response to the representation of the petitioner dated 08.12.2016 and if the response was not submitted by the next date of hearing, a cost of Rs.15,000/-, was to be imposed. It is submitted that the respondent has not yet considered petitioner’s representation, even after a specific order by this Court on 07.01.2026. 5. Learned counsel appearing for the respondent/Corporation submits that the consideration of representation submitted on 08.12.2016 is under process and the same would be considered within a time bound manner. 6. The said submission is placed on record. - 4 - HC-KAR NC: 2026:KHC-D:195 WP No. 100177 of 2017 7. The non-compliance by the respondent with regard to the representation dated 08.12.2016, is not in dispute and neither after order passed by this Court on 07.01.2026, the respondent/Corporation has not submitted any response. Hence, imposition of cost of Rs.15,000/-, remains enforceable. The respondent/Corporation is still under an obligation to consider the petitioner’s representation dated 08.12.2016 in accordance with law. 8. Accordingly, the Court passed the following; ORDER i. The writ petition is disposed of. ii. The respondent/Corporation shall consider the petitioner's representation within a period of two weeks’ from the date of receipt of a copy of this order. iii. The cost of Rs.15,000/- imposed by this Court on 07.01.2026, shall be paid to the petitioner within - 5 - HC-KAR NC: 2026:KHC-D:195 WP No. 100177 of 2017 a period of two weeks’ from today and an acknowledgment to that effect shall be filed in the Registry of this Court. iv. In the event, the respondent/Corporation does not pay the cost as directed, the petitioner is at liberty to move this Court for appropriate relief. v. The respondent/Corporation shall consider and examine the representation strictly in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA AM/- Ct:VH List No.: 1 Sl No.: 25