SHRI. PARASHURAM S/O YALLAPPA KATHARI ALIYAS KATHARE vs THE STATE OF KARNATAKA

Court
Karnataka High Court

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IN THE HIGH COURT OF KARNATAKA AT DHARWAD


ND
DATED THIS THE 22 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 107707 OF 2026 (GM-SLUM)

BETWEEN:

SHRI. PARASHURAM
S/O YALLAPPA KATHARI @ KATHARE,
AGE. 66 YEARS, OCC. BUSINESS/TAILORING,
R/O KAMMAR SAL, OLD MYADAR ONI,
OLD HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD 580024.



…PETITIONER

(BY SRI. GANESH RAIBAGI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
R/BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
M.S. BUILDING, BENGALURU 560001.



2. THE KARNATAKA SLUM DEVELOPMENT BOARD,
(FORMERLY KARNATAKA SLUM CLEARANCE BOARD),
R/BY ITS COMMISSIONER,
RISALDAR STREET, SHESHADRIPURAM,
BENGALURU 560020.

3. THE EXECUTIVE ENGINEER,
KARNATAKA SLUM DEVELOPMENT BOARD,
TOLNAKA, DHARWAD, DIST. DHARWAD 580008.


K M
SOMASHEKAR
Digitally signed by K M
SOMASHEKAR
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH

4. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA SLUM DEVELOPMENT BOARD,
NO.1, SUB DIVISION, TOLNAKA, DHARWAD,
DIST. DHARWAD 580008.
5. THE COMMISSIONER,
HUBBALLI-DHARWAD MUNICIPAL CORPORATION (HDMC),
SIR SIDDAPPA KAMBALI ROAD,
HUBBALLI, DIST. DHARWAD 580020.

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6. SMT. SUSHEELABAI W/O BASAVARAJ BIJAPUR,
AGE 71 YEARS, OCC. HOUSEHOLD,
R/O BABALESHWAR CHAWL, NEW COTTON MARKET,
HUBBALLI, DIST. DHARWAD 580029.

7. SRI. ANAND S/O BASAVARAJ BIJAPUR @ VIJAPUR,
AGE 43 YEARS, OCC. PVT. SERVICE,
R/O BABALESHWAR CHAWL, NEW COTTON MARKET,
HUBBALLI, DIST. DHARWAD 580029.

8. SMT. BHARATI W/O SHIVASANGAPPA GOUDAR,
AGE 42 YEARS, OCC. HOUSEHOLD,
R/O HOSPET, DIST. VIJAYANAGARA 583201.

9. SMT. ROOPA W/O IRANNA MURKATTI @ MURASHALLI,
AGE 40 YEARS, OCC. HOUSEHOLD,
R/O BHAGARPATH, OLD HUBBALLI,
HUBBALLI, DIST. DHARWAD 580029.

10. SMT. SHARADA W/O NAGAPPA HUBBALLI,
AGE 35 YEARS, OCC. HOUSEHOLD,
R/O BHAGARPATH, OLD HUBBALLI,
HUBBALLI, DIST. DHARWAD 580029.
…RESPONDENTS
(BY SRI. PRASHANT V. MOGALI, HCGP FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO,

(i) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT
NOS. 2 TO 4 (KARNATAKA SLUM DEVELOPMENT BOARD)
TO CONSIDER AND PASS A REASONED ORDER ON THE
PETITIONER’S STATUTORY REPRESENTATION DATED
22.07.2026 PRODUCED AT ANNEXURE-G WITHIN A
STRICT TIME-BOUND PERIOD;

(ii) ISSUE A WRIT OF MANDAMUS DIRECTING RESPONDENT
NOS. 2 TO 4 TO PROTECT THE PETITIONER’S
POSSESSION AND THE HUGE INVESTMENTS MADE BY
HIM PURSUANT TO THE NOC DATED 25.05.2015
(ANNEXURE-C), OR IN THE ALTERNATIVE, PROVIDE
SUITABLE STATUTORY REHABILITATION PRIOR TO ANY
DISPLACEMENT AND ETC.

THIS WP COMING ON FOR PRELIMINARY HEARING, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL

ORAL ORDER


1. Petitioner claiming to be in possession of property bearing
CTS.No.2873/A and 2873/B, is before this Court seeking
following reliefs:
(i) ISSUE A WRIT OF MANDAMUS directing Respondent
Nos.2 to 4 (Karnataka Slum Development Board) to
consider and pass a reasoned order on the Petitioner's
Statutory Representation dated 22.07.2026 produced
at ANNEXURE-G within a strict time-bound period;

(ii) ISSUE A WRIT OF MANDAMUS directing Respondent
Nos. 2 to 4 to protect the Petitioner's possession and
the huge investments made by him pursuant to the
NOC dated 25.05.2015 (Annexure-C), or in the
alternative, provide suitable statutory rehabilitation
prior to any displacement;

(iii) GRANT such other relief / reliefs as this Hon'ble Court
deems fit and proper in the circumstances of the case,
to meet the ends of justice.”


2. Records reveal that the respondent Nos.6 to 10 herein had
filed a suit in O.S.No.300/2008 against the petitioner for
possession and for arrears of rent in respect of the
aforesaid property contending that he was tenant under
them in respect of the said property. The said suit was
decreed on 02.04.2012 directing the petitioner herein to
vacate and handover physical possession of the aforesaid
property within 3 months and to pay the arrears of rent.

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3. Petitioner had preferred regular appeal in RA.No.46/2012
which came to be dismissed on 9.9.2014. He has also
preferred regular second appeal in RSA.No.100365/2015,
which was withdrawn. Thereafter, petitioner herein had
filed a suit in O.S.No.533/2015 challenging the decree
passed in O.S.No.300/2008 was illegal, null and void on
the premise that the same was filed without obtaining the
sanction from the concerned authority.

4. The said suit in O.S.No.533/2015 filed by the petitioner
herein came to be dismissed confirming the judgment
decree dated 02.04.2012 passed in O.S.No.300/2008
directing the petitioner herein to vacate and hand over
possession of suit property and to pay the arrears of rent
and mesne profit was confirmed.

5. Petitioner had preferred a regular appeal in
R.A.No.78/2024, which was dismissed on 01.07.2025.
Thereafter, he preferred a second appeal in RSA
No.100561/2025, which was dismissed on 20.07.2026.
Thus, the judgment decree passed in O.S.No.300/2008
had attained finality.

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6. Seeking execution of judgment and decree in
O.S.No.300/2008 respondent Nos.5 to 9 have initated
execution proceedings in EP.No.63/2017. Things stood
thus, the petitioner has come before this Court by way of
this petition seeking following reliefs as noted above.

7. The contention of the petitioner is notwithstanding the
aforesaid judgment and decree passed in favour of
respondent Nos.5 to 9, respondent Nos.1 to 4 are under
legal obligation to recognize the entitlement of the
petitioner for benefit under Karnataka Slum Areas
(Improvement and Clearance) Act, 1973. That the
petitioner made representation dated 22.07.2026 which
has not been considered therefore the present writ
petition.

8. Counsel for the petitioner submits that the proceedings in
the said suits are different and distinct from the cause of
action raised in the present writ petition. He submits that
the respondent authorities have recognized the petitioner's
possession in respect of the subject property. Therefore, it
was for the respondent authorities to consider the request

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of the petitioner for regularization of his occupation. Non-
consideration of the representation has resulted in the
petitioner filing the present petition.

9. Learned AGA, who takes notice for respondent No.1,
submits that in the earlier proceedings, the respondent-
Slum Board was also a party. Therefore, the present
petition seeking such directions would not arise.

10. Heard. Perused records.

11. Perusal of the representation dated 22.07.2026 at
Annexure-G indicate that an allegation is made by the
petitioner against respondent Nos.6 to 10 herein of they
illegal obtaining decree in O.S.No.300/2008 though the
subject property belongs to Karnataka Slum Clerance
Board. Relevant paragraph of the representation reads as
under:
“2) »ÃVgÀĪÁUÀ, FUÀ ªÀÄÆgÀ£Éà ¥ÀPÀëUÁgÀgÁzÀ
(1) ²æêÀÄw ¸ÀIJïÁ PÉÆÃA. §¸À¥Áà «eÁ¥ÀÇgÀ
¸Á: ²æäªÁ¸À£ÀUÀgÀ, 1£Éà PÁæ¸ï, ªÀÄ£É £ÀA.1,
J¸ï.r. ¸ÀºÁ£É ªÀÄ£É, ¹zÁÝgÀÆqsÀªÀÄoÀzÀ ºÀwÛgÀ,
ºÀ¼Éà ºÀħâ½î, ºÀħâ½î,
ªÉÆà £ÀA. 9743093701.

(2) ²æêÀÄw ¨sÁgÀwà PÉÆÃA. ²ªÀ¸ÀAUÀ¥Áà UËqÀgÀ,
¸Á : ²æäªÁ¸À£ÀUÀgÀ, 1£Éà PÁæ¸ï, ªÀÄ£É £ÀA.1,
J¸ï.r. ¸ÀºÁ£É ªÀÄ£É, ¹zÁÝgÀÆqsÀªÀÄoÀzÀ ºÀwÛgÀ,
ºÀ¼Éà ºÀħâ½î, ºÀħâ½î, ªÉÆà £ÀA.7259380160.

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(3) ²æêÀÄw gÀÆ¥Á PÉÆÃA. FgÀuÁÚ ªÀÄgÀPÀnÖ C°AiÀiÁ¸À ªÀÄÄgÀ²½î,
¸Á: 5£Éà PÁæ¸ï, gÀtzÀªÀÄä£À PÁ®¤, £ÉÃPÁgÀ £ÀUÀgÀ, ºÀħâ½î
ªÉÆà £ÀA.______________

(4) D£ÀAzÀ vÀAzÉ §¸À¥Áà «eÁ¥ÀÇgÀ,
¸Á: ¸Á¬Ä£ÀUÀgÀ, ºÉ§â½î gÀ¸ÉÛ, ºÀħâ½î,
ªÉÆà £ÀA. 9741160165,

(5) ²æêÀÄw ±ÁgÀzÁ PÉÆÃA. £ÁUÀ¥Áà ºÀħâ½î,
¸Á: UÀ§ÆâgÀ, §¸ÀªÀ£ÀUÀgÀ, PÀgɪÀÄä£À UÀÄr ºÀwÛgÀ, ºÀħâ½î,
ªÉÆà £ÀA. 9880777091.

EªÀgÀÄ £À£Àß ªÉÄÃ¯É C¸À® zÁªÁ £ÀA.300/2008 £ÀÄß 2£Éà C¢üPÀ
¹«í¯ï £ÁåAiÀiÁ®AiÀÄ, (QjAiÀÄ ±ÉæÃtÂ) ºÀħâ½î EªÀgÀ°è ¸ÀzÀj D¹ÛAiÀÄ PÀ§eÉÃ
¥ÀqÉAiÀÄ®Ä wÃ¥ÀÅð ºÁUÀÆ rQæAiÀÄ£ÀÄß ¢£ÁAPÀ :02-04-2012 gÀAzÀÄ
¥ÀqÉzÀÄPÉÆArzÀÄÝ EgÀÄvÀÛzÉ. zÀgÀSÁ¸ÀÛ £ÀA.63/2017 £ÀÄß zÁR°¹zÀÄÝ, CzÀÄ
¢£ÁAPÀ: 29-07-2026 gÀAzÀÄ ªÀiÁ£Àå £ÁåAiÀiÁ®AiÀĪÀÅ ¸ÀÄ£ÁªÀuÉUÉ
¤UÀ¢¥Àr¹zÀÄÝ EgÀÄvÀÛzÉ. ¸ÀzÀj zÁªÁzÀ°è ¸ÀzÀj D¹ÛUÉ CªÀgÉà ªÀiÁ°ÃPÀgÀÄ
CAvÁ vÉÆÃj¹PÉÆAqÀÄ wÃ¥Àð£ÀÄß ºÁUÀÆ rQæAiÀÄ£ÀÄß CPÀæªÀĪÁV
¥ÀqÉzÀÄPÉÆArzÀÄÝ EgÀÄvÀÛzÉ. ¸ÀzÀj D¹ÛAiÀÄÄ PÀ£ÁðlPÀ ¸ÀèªÀiï ¨ÉÆÃqÀð ªÁå¦ÛUÉ
M¼À¥ÀnÖzÀÄÝ, ªÀÄÆgÀ£Éà ¥ÀPÀëUÁgÀjUÉ AiÀiÁªÀÅzÉà ºÀPÀÄÌ, »vÀ¸ÀA§AzsÀ
EgÀĪÀÅ¢®è.”


12. In the light of the aforesaid judgment and decree passed
in O.S.No.300/2008 as well as in O.S.No.533/2015 having
attained finality, and in view of the fact that the Karnataka
Slum Improvement Board was a party to the earlier
proceedings, being respondent Nos.6 and 7 in the RSA
No.100561/2025, the petitioner cannot contend that he
has any independent right and seek a writ of mandamus in

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the nature sought for in the present petition, by making
scurrilous allegations as noted above.
dismissed
13. In that view of the matter, the petition is with
cost of ₹10,000/-.

Sd/-
(M.G.S. KAMAL)
JUDGE


SH/RHR, CT:VP
LIST NO.: 1 SL NO.: 16