Full Judgment Text
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NC: 2026:KHC-K:3688
WP No. 204276 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 25 DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 204276 OF 2025 (LB-RES)
BETWEEN:
1.
PARAMANAND S/O YAMUNAPPA MUGOLKHAD
AGE: 71 YRS, OCC: AGRICULTURE
R/O KANABUR VILLAGE
TQ. BABALESHWAR, NOW KOLHAR
TQ. KOLHAR, DIST. VIJAYAPURA PIN 586101.
2.
SMT. RACHAVVA W/O YELLAPPA @ BENNAPPA
HARIJAN, AGE: 47 YRS, OCC: AGRICULTURE
R/O KANABUR VILLAGE
TQ. BABALESHWAR,
NOW KOLHAR
DIST. VIJAYAPURA PIN 586101.
3. YELLAPPA S/O SHIVAPPA HARIJAN
AGE: 57 YRS, OCC: AGRICULTURE AND LABOUR
R/O KANABUR VILLAGE
TQ BABLESHWAR NOW KOLHAR
DIST VIJAYAPURA PIN 586101.
Digitally signed
by SACHIN
Location: HIGH
COURT OF
KARNATAKA
…PETITIONERS
(BY SMT.SHEVALEELA S.S..,ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
REVENUE DEPARTMENT
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WP No. 204276 of 2025
HC-KAR
M.S.BUILDING, BANGALURU
PIN NO.560001.
2. THE COMMISSIONER
CITY CORPORATION (MAHANAGARA PALIKE)
DIST. VIJAYAPURA PIN NO.586101.
3. THE GENERAL MANAGER,
REHABILITATION OFFICE, UPPER KRISTNA PROJECT,
NAVANAGAR, DIST. BAGALKOT PIN-586101.
4.
THE REHABILITATION OFFICER
UKP, AALMATTI PIN 586201,
REHABILITTION, SUB-DIVISION NO.6
KOLAR, TQ. BASAVANABAGEWADI,
NOW KOLHAR, DIST. VIJAYAPURA-PIN-586101.
5. THE ASST.EXECUTIVE ENGINEER
REHABILITATION, SUB-DIVISION NO.6,
TQ. KOLAR, DIST. VIJAYAPUR-586101.
6. THE PROJECT DEVELOPMENT OFFICER,
GRAM PANCHAYAT, KANABUR.
TQ. KOLHAR, DIST VIJAYAPURA 586101
…RESPONDENTS
(BY SRI.SHESHADRI JAISHANKAR M., AGA FOR R1;
SRI.SACHIN M MAHAJAN, ADV FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, A)
ISSUE A WRIT OR ORDER IN THE NATURE OF MANDAMUS TO
CONSIDER THE REPRESENTATION OF PETITIONER NO.1 DATED
22.06.2024 AND DIGITAL DATED 07.10.2024 VIDE ANNEXURE-
A-3 AND A-4 OF PETITIONER NO.2 DATED 22.06.2024 AND
DIGITAL MODE DATED 07.10.2024 VIDE ANNEXURE-B-3 AND
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WP No. 204276 of 2025
HC-KAR
B-4 OF PETITIONER NO.3 PHYSICAL MODE DATED 22.06.2024
AND DIGITAL MODE DATED 07.10.2024 VIDE ANNEXURE-C3
AND C4, RESPECTIVELY TO THE RESPONDENT NO.2. THE
COMMISSIONER, MAHANAGAR PALIKE VIJAYAPUR TO ISSUE E
KHATA / PROPERTY TO ALL THE PETITIONER NOS.1 TO 3,
RESPECTIVELY WITHIN 30 DAYS IN TERMS OF COMMON
ORDER PASSED IN WP SUPRA VIDE ANNEXURE-F ON THE
GROUND OF PARITY AND EQUITY. B) TO PASS SUCH OTHER
ORDERS IN THE FACTS AND CIRCUMSTANCES, AS THIS
HONOURABLE COURT DEEMED FIT AND PROPER.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Petitioners are before this Court under Articles 226
and 227 of the Constitution of India seeking following
reliefs:
“a) Issue a writ or order in the nature of mandamus
to consider the representation of petitioner no.1
dated 22.06.2024 and digital dated 07.10.2024 vide
Annexure-A-3 and A-4 of petitioner no.2 dated
22.06.2024 and digital mode dated 07.10.2024 vide
Annexure-B-3 and B-4 of petitioner no.3 physical
mode dated 22.06.2024 and digital mode dated
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07.10.2024 vide Annexure-C3 and C4, respectively
to the respondent no.2. the Commissioner,
Mahanagar Palike Vijayapur to issue E Khata /
property to all the petitioner nos.1 to 3, respectively
within 30 days in terms of common order passed in
WP supra vide Annexure-F on the ground of parity
and equity.
b) To pass such other orders in the facts and
circumstances, as this honourable court deemed fit
and proper.”
2. Heard learned counsel for the parties.
3. It is the case of the petitioners that their lands
were submerged under Upper Krishna Irrigation Project
(UKP) Alammati, Bagalkot. Subsequently under the
rehabilitation scheme, petitioners and other land losers
were allotted sites. Petitioners allegedly have put up
temporary construction in the said sites and have been
residing in the same. According to the petitioners,
respondents have issued Hakkupatra to them and
subsequently, petitioners have submitted representations
vide Annexures-A3, A4, B3, B4, C3 and C4 dated
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22.06.2024 and 07.10.2024 respectively with a prayer to
issue E-Khata to the plots/sites allotted to them.
Grievance of the petitioners is that the said
representations are not considered till date by respondent
No.2.
4. Learned counsel for the respondent No.2
submits that if some reasonable time is granted,
representations at Annexures-A3, A4, B3, B4, C3 and C4
dated 22.06.2024 and 07.10.2024 respectively shall be
considered and appropriate orders in accordance with law
shall be passed.
5. The said submission is placed on record.
6. Accordingly, the following:
ORDER
The writ petition is allowed in part with a
direction to respondent No.2 to consider
representations of the petitioners at Annexures-
A3, A4, B3, B4, C3 and C4 dated 22.06.2024 and
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07.10.2024 respectively and pass appropriate
orders on the same in accordance with law, as
expeditiously as possible, but not later than a
period of four months from the date of receipt of
copy of this order.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NJ
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