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2026 DAILYLAW 53734 (KAR)

SMT BASAWWA W/O LOKAPPA TELI v. THE DEPUTY COMMISSIONER

WP/108416/2025 · 2026-01-20

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:601 WP No. 108416 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 108416 OF 2025 (KLR-RES) BETWEEN: 1. SMT. BASAWWA W/O. LOKAPPA TELI AGED 78 YEARS, OCC: AGRICULTURIST, R/O. MUDDAPUR, TQ: MUDHOL, DIST: BAGALKOT. 2. SRI. NAGAPPA S/O. LOKAPPA TELI AGED 52 YEARS, OCC: AGRICULTURIST, R/O. MUDDAPUR, TQ: MUDHOL, DIST: BAGALKOT. 3. SRI. HOLABASAWARAJ S/O. SHANKREPPA TELI, AGED 24 YEARS, OCC: AGRICULTURIST, R/O. MUDDAPUR, TQ: MUDHOL, DIST: BAGALKOT. …PETITIONERS (BY SRI. M.C. HUKKERI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER NAVANAGAR BAGALKOT, DIST: BAGALKOT-587201. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.28 10:34:48 +0530 - 2 - HC-KAR NC: 2026:KHC-D:601 WP No. 108416 of 2025 2. THE ASSISTANT COMMISSIONER, JAMKHANDI, TQ: JAMKHANDI, DIST: BAGALKOT-587201. 3. THE THASILDAR MUDHOL TQ: JAMKHANDI, DIST: BAGALKOT-587201. 4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, BAGALKOT DIVISION, SECTOR NO.23, NAVANAGAR, TQ. AND DIST: BAGALKOT-587201. 5. THE ASSISTANT DIRECTOR OF LAND RECORD MUDHOL, TQ: MUDHOL, DIST: BAGALKOT-587201. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS OR ANY OTHER SUCH WRIT OR DIRECTION TO MANDAMUS BY DIRECTING THE RESPONDENTS NO.1 TO 4 TO CONSIDER THE REPRESENTATION SUBMITTED BY THE PETITIONERS ON 03.10.2025 VIDE ANNEXURE-C AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 3 - HC-KAR NC: 2026:KHC-D:601 WP No. 108416 of 2025 ORAL ORDER 1. The petitioners have approached this Court seeking a direction to the respondents to consider their representation dated 03.10.2025 (Annexure-C). 2. Heard the learned counsel for the petitioners and the learned Additional Government Advocate appearing for the respondents, and perused the material on record. 3. The grievance of the petitioners is that the representations submitted have not been considered. It is submitted that, pursuant to the survey of the suit land conducted by the Assistant Director of Land Records (ADLR), a sketch was prepared indicating the extent of encroachment made by the respondents into the land of the petitioners. 4. Learned AGA appearing for the respondents submits that the representation so submitted will be considered in accordance with law within a time-bound manner. - 4 - HC-KAR NC: 2026:KHC-D:601 WP No. 108416 of 2025 5. Having regard to the nature of the grievance raised by the petitioners, this Court is of the opinion that necessary direction is warranted. Accordingly, this Court passes the following: ORDER i. The writ petition is disposed of. ii. Respondents are directed to consider petitioners’ representation dated 03.10.2025 (Annexure-C), keeping in mind the report and sketch prepared by the ADLR pursuant to the survey conducted on the suit land in the year 2023 (Annexure-E), and to pass appropriate orders in accordance with law within a period of four weeks from the date of receipt of certified copy of this order. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 22