- 1 - HC-KAR NC: 2026:KHC-D:1494 WP No. 109623 of 2025 C/W WP No. 100262 of 2026 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109623 OF 2025 (LB-RES) C/W. WRIT PETITION NO. 100262 OF 2026 (LB-RES) IN WP No. 109623/2025: BETWEEN: SUDHINDRA S/O. RAMRAO DESAI AGE: 62 YEARS, OCC: AGRICULTURE, R/O. 86/3, VYAS VIHAR, HOSAYELLAPUR-NAVALUR ROAD, NEAR PURANDAR MATH, Y.S.COLONY, DHARWAD-580004. …PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BENGALURU-06. 2. THE HUBLI DHARWAD MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER, HUBLI-DHARWAD, DHARWAD-580001. 3. THE DISTRICT HEALTH AND FAMILY WELFARE OFFICER, DHARWAD, TQ: AND DIST: DHARWAD-580001. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 AND R3; SRI. R. H. ANGADI, ADVOCATE FOR R2) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.05 11:02:18 +0530 - 2 - HC-KAR NC: 2026:KHC-D:1494 WP No. 109623 of 2025 C/W WP No. 100262 of 2026 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 RESPONDENTS TO CONSIDER THE REPRESENTATION 26/11/2025 VIDE ANNEXURE-B, AND REPRESENTATION DATED 06/12/2025 VIDE ANNEXURE C, MADE BY THE PETITIONER TO 2ND RESPONDENT AND STOP ALL DRAINAGE/ SEWAGE WATER ENTERING THE PETITIONER’S LAND BEARING SY. NO. 86/3 OF LAKAMANAHALLI VILLAGE, DHARWAD IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. IN WP NO. 100262/2026: BETWEEN: SUDHINDRA S/O. RAMRAO DESAI AGE: 62 YEARS, OCC: AGRICULTURE, R/O. 86/3, VYAS VIHAR, HOSAYELLAPUR-NAVALUR ROAD, NEAR PURANDAR MATH, Y.S COLONY, DHARWAD-580004. ...PETITIONER (BY SRI. JAGADISH PATIL, ADVOCATE) AND: THE HUBLI DHARWAD MUNICIPAL CORPORATION REPRESENTED BY ITS COMMISSIONER, HUBLI-DHARWAD, DHARWAD-580001. ...RESPONDENT (BY SMT. JOSHNA P. DHANAVE, ADVOCATE) 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 THE RESPONDENTS TO CONSIDER THE REPRESENTATION 26/11/2025 VIDE ANNEXURE-B MADE BY THE PETITIONER TO RESPONDENT AND STOP ALL DRAINAGE/SEWER WATER ENTERING THE PETITIONER’S LAND BEARING SY. NO.86/3 OF LAKAMANAHALLI VILLAGE, DHARWAD AND COLLECTING IN FRONT OF PETITIONER’S FARMHOUSE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2026:KHC-D:1494 WP No. 109623 of 2025 C/W WP No. 100262 of 2026 THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. The grievance of the petitioner in both these writ petitions is with regard to non-consideration of his representation, seeking stoppage of drainage/sewage water entering his land bearing Sy.No.86/3 of Lakamanahalli Village, Dharwad Taluk. 2. Learned counsel for the respondent-Corporation has filed separate affidavits, sworn to by the Zonal Commissioner, HDMC, Zone No.12, who is arrayed as Respondent No.2 in W.P.No.109623/2026 and as Respondent No.1 in W.P. No.100262/2026. 3. Paragraphs 2 and 3 of the affidavits, which are identical in both writ petitions, read as under: “2. I state that, as per the prayer urged in W.P. by petitioner, respondent No.2 undertakes to address the grievance in accordance with law within a outer limit of 6 months from the date of order of this - 4 - HC-KAR NC: 2026:KHC-D:1494 WP No. 109623 of 2025 C/W WP No. 100262 of 2026 Hon’ble Court. Since respondent No.2 has to complete the work by following the requisite procedure. 3. I state that, in order to show that, some immediate work is to be taken to stop flow of sewage work, office has produced the photographs showing the work done near the land.” 4. The said affidavits are taken on record. 5. From the affidavits, it is evident that, although six months’ time is sought to complete permanent remedial work after following due procedure, immediate temporary measures have already been taken to prevent the flow of sewage water into the petitioners’ land. 6. Learned counsel appearing for the petitioner does not dispute the fact that temporary and immediate relief has been provided to stop the sewage flow. 7. Having regard to the undertaking given by the Zonal Commissioner and considering that permanent remedial work is assured to be completed within six - 5 - HC-KAR NC: 2026:KHC-D:1494 WP No. 109623 of 2025 C/W WP No. 100262 of 2026 months form the date of receipt of this order, the same is found to be acceptable. 8. In view of the undertaking contained in the affidavits sworn to by the Zonal Commissioner, writ petitions deserve to be disposed of in terms of the said undertaking. 9. Accordingly, both the writ petitions are disposed of. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 19