REPRESENTED BY ITS PRINCIPAL SECRETARY v. (BY SRI. SHARAD MAGADUM, AGA FOR R1 TO R3)
Case at a glance
Outcome
Disposed of
In view of the above, the writ petition is disposed of
Provisions considered
- Constitution of India arts. 226, 227
Key paragraphs
- Para 77. The said submission answers the grievance of the petitioner. In view of the above, the writ petition is disposed of with the following directions: ORDER i. The writ petition is disposed of. ii. The respondents are directed to carry out a joint survey of…
Judgment
#1. SHRI MURUGEPPA S/O. SHIVARUDRA HOSPETH, AGE:62 YEARS, R/O. NADUVAN PATTI TOTA, P/O. MUGALKOD, TQ.RAIBAG, DIST.BELAGAVI- 591235.
#2. GIRIMALLA S/O. SHIVARUDRA HOSPETH, AGE:44 YEARS, R/O.NEAR B.N.K HIGH SCHOOL, P/O.MUGALKOD, TQ.RAIBAG, DIST.BELAGAVI- 591235.
#3. SIDDAPPA S/O. SHIVARUDRA HOSPETH, AGE:53 YEARS, R/O.NEAR B.N.K HIGH SCHOOL, P/O.MUGALKOD, TQ.RAIBAG, DIST.BELAGAVI- 591235.
#4. SHRI MAHADEV S/O. SHIVARUDRA HOSPETH, AGE:57 YEARS, R/O.NEAR B.N.K HIGH SCHOOL, P/O.MUGALKOD, TQ.RAIBAG, DIST.BELAGAVI- 591235. (BY SRIYUTHS. R.M. HIREMATH AND ARADHANA MANVI, ADVOCATES) AND:
#1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY …PETITIONERS Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:10606 WP No. 106071 of 2025 HC-KAR PUBLIC WORKS DEPARTMENT, VIKAS SOUDHA, M.S.BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560001.
#2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, COMMUNICATION AND BUILDING (NORTH), MINI VIDHAN SOUDHA ROAD, UB HILLS, MALAMADDI, DHARWAD, DIST.DHARWAD- 580001.
#3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, SUB-DIVISION, RAIBAG, TQ.RAIBAG, DIST.BELAGAVI, PIN- 591235. (BY SRI. SHARAD MAGADUM, AGA FOR R1 TO R3) …RESPONDENTS THE RESTRAINING RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO,I. ISSUE A WRIT OF PROHIBITION FROM CONDUCTING ANY SURVEY, DEMARCATION AND DISPOSSESSING THE PETITIONERS WITHOUT ACQUIRING ANY PORTION OF THE AGRICULTURAL LAND BEARING R.S.NO.440/1, MEASURING 23 ACRES 04 GUNTHAS, SITUATED AT KUDACHI, MUGALKOD VILLAGE, TALUK. RAIBAG, DISTRICT. BELAGAVI, UNDER THE PROCESS OF LAW, IN THE INTEREST OF JUSTICE AND EQUITY.II. ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 27/06/2025 MADE BY THE PETITIONERS VIDE ANNEXURE-D.III. ISSUE ANY OTHER WRIT/ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
#1. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. - 3 - NC: 2025:KHC-D:10606 WP No. 106071 of 2025 HC-KAR
#2. The petitioners are before this Court seeking for the following reliefs: i. ii. iii. Issue a Writ of Prohibition restraining the Respondents from conducting any survey, demarcation and dispossessing the Petitioners without acquiring any portion of the agricultural land bearing R.S.No.440/1, measuring 23 Acres 04 Gunthas, situated at Kudachi, Mugalkod Village, Taluk: Raibag, District: Belagavi, under the process of Law, in the interest of justice and equity. Issue a Writ of Mandamus directing respondents to consider the representation dated 27/06/2025 made by the petitioners vide Annexure-D. Issue any other writ/order or direction in the interest of justice and equity.
#3. The short grievance of the petitioner is that without acquiring the petitioner’s land bearing R.S.No.440/1, measuring 23 acres 4 guntas, situated at Kudchi, Mugalkod village, Rayabag Taluk, Belagavi District, the respondents are proceeding to form or widen a road, which may result in deprivation of just compensation to the petitioner.
#4. Learned AGA, on instructions, submits that there is an existing road, and that the lands in RS.Nos. 440, - 4 - NC: 2025:KHC-D:10606 WP No. 106071 of 2025 HC-KAR 443, 444, 445 and certain other lands are owned by the Public Works Department, and that revenue records reflect the same.
#5. He further submits that what is currently being undertaken is only a survey of these lands for the purpose of demarcating boundaries, and categorically assures that no portion of the petitioner’s land will be used for the formation or widening of any road without following due process of acquisition as required under law.
#7. The said submission answers the grievance of the petitioner. In view of the above, the writ petition is disposed of with the following directions: ORDER i. The writ petition is disposed of. ii. The respondents are directed to carry out a joint survey of the land belonging to the - 5 - NC: 2025:KHC-D:10606 WP No. 106071 of 2025 HC-KAR petitioner, as well as the lands claimed to be owned by the PWD Department, and to demarcate boundaries properties. iii. The respondents shall undertake any work only on the lands belonging to the PWD. iv. In the event the respondents intend to carry out any road formation or widening activities on the land belonging to the petitioner, they shall do so only after following due acquisition procedures as contemplated under law. Sd/- (SURAJ GOVINDARAJ) JUDGE VB Ct:pa List No.: 1 Sl No.: 27
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 227.
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