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2026 DAILYLAW 52370 (KAR)

SHRI KESHAV S/O VENKUSA KALBURGI v. THE STATE OF KARNATAKA

WP/100443/2026 · 2026-01-23

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:887 WP No. 100443 of 2026 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 23RD DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.100443 OF 2026 (KLR-RR/SUR) BETWEEN: SHRI KESHAV S/O. VENKUSA KALBURGI, AGE: 47 YEARS, OCC: BUSINESS, R/AT. #148, SHAMBANGI LAYOUT, NEAR BASAVESHWAR GARDEN, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD-580024. …PETITIONER (BY SRI. GOURISHANKAR MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT AUTHORITY, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE SECRETARY, THE DEPARTMENT OF REVENUE, AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE ASSISTANT COMMISSIONER, HUBBALLI DHARWAD MUNICIPAL CORPORATION (HDMC), ZONAL NO.7, TQ: HUBBALLI, MANJANNA E Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.30 10:48:06 +0530 - 2 - HC-KAR NC: 2026:KHC-D:887 WP No. 100443 of 2026 DIST: DHARWAD-580 020. 4. THE TAHSILDHAR, MINI-VIDHANA SOUDHA, TQ: HUBBALLI, DIST: DHARWAD-580 020. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR), CITY SURVEY DEPARTMENT, MINI-VIDHANA SOUDHA, TQ: HUBBALLI, DIST: DHARWAD-580 020. 6. ASSISTANT DIRECTOR OF LAND RECORDS, REVENUE DEPARTMENT, MINI-VIDHAN SOUDHA, TQ: HUBBALLI, DIST: DHARWAD-580 020. …RESPONDENTS (BY SMT. NANDINI SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING I. THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 16.12.2025 I.E. ANNEXURE-B AS SOUGHT FOR IN ACCORDANCE WITH LAW; II) THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATIONS DATED 29.12.2025 I.E. ANNEXURE-C AS SOUGHT FOR IN ACCORDANCE WITH LAW; III) THE RESPONDENT NO.5 TO CONSIDER THE REPRESENTATION DATED 29.12.2025 I.E. ANNEXURE-D AS SOUGHT FOR IN ACCORDANCE WITH LAW; & AND IV) THE RESPONDENT NO.6 TO CONSIDER THE REPRESENTATIONS DATED 29.12.2025 I.E. ANNEXURE-E AS SOUGHT FOR IN ACCORDANCE WITH LAW. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:887 WP No. 100443 of 2026 CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER Learned Additional Government Advocate accepts notice for respondents. 2. The petitioners have approached this Court seeking a writ of mandamus directing respondents No.3 to 6 to consider and dispose of the representations submitted by the petitioners dated 16.12.2025 (Annexure-B) and 29.12.2025 (Annexures-C, D, E), and also seeking conduct of Haddubust, fixation of boundaries, re-measurements, and issuance of a separate record of rights in respect of Plot No.21 measuring 60 x 40 feet in Survey No.93A, situated at Krishnapur, Tq. Hubballi. 3. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the schedule property, having purchased it under a registered sale deed dated 15.12.2010, and his name is reflected in the e-Swattu records. The petitioner intends to put up construction on the - 4 - HC-KAR NC: 2026:KHC-D:887 WP No. 100443 of 2026 said plot; however, due to the absence of Haddubust, boundary fixation, and proper measurement, and on account of an alleged encroachment by the Karnataka Slum Development Board, the petitioner is unable to enjoy the property. In this regard, a representation has been submitted. Non-consideration of the representation, has made the petitioner to approach this Court in this writ petition. 4. Learned Additional Government Advocate appearing for the respondents-State submits that the representation so made shall be considered in accordance with law, subject to verification of records. 5. Without expressing any opinion on the merits or demerits of the petitioner’s claim, this Court deems it appropriate to direct respondents No.3 to 6 to consider the representations of the petitioner in accordance with law. 6. Accordingly, the Court pass the following: - 5 - HC-KAR NC: 2026:KHC-D:887 WP No. 100443 of 2026 ORDER i. The writ petition is disposed of. ii. A mandamus is issued directing respondents No.3 to 6 to consider and dispose of the petitioner's representations dated 16.12.2025 (Annexure-B) and 29.12.2025 (Annexures-C, D, E) strictly in accordance with law, within a period of eight weeks from the date of receipt of certified copy of this order. iii. It is made clear that this Court has not expressed any opinion on the merits or demerits of this case. iv. All contentions are kept open. Sd/- JUSTICE K.S.HEMALEKHA AM/- CT-MCK LIST NO.: 1 SL NO.: 14