SRI. G. D. INAMDAR vs THE CHIEF SECRETARY TO THE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11560
WP No. 13943 of 2021
CNR: KAHC030089222022
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 28 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 13943 OF 2021 (LB-RES)
BETWEEN:
1. SRI. G. D. INAMDAR
S/O. DAWALASA INAMDAR,
AGED ABOUT 78 YEARS,
OCC: RETD. JUDGE,
PRESENTLY RESIDING AT FLAT NO. 7
GULMOHAR PALACE, LANE-B
NORTH MAIN ROAD, KOREGAON PARK
PUNE-411 001, PERMANENT R/AT
VILLAGE INACHAGAL
TQ: MUDDEBIHAL
DIST: VIJAYAPUR, KARNATAKA-586212
2.
SAMBLAGI G. WADKER
S/O. GOPICHAND WADKAR,
AGED ABOUT 58 YEARS,
R/AT NO. 22, TALIKOTI (RURAL),
TALIKOTI, BIJAPUR
KARNATAKA-586 214
3.
SANTHOSH KUMAR
S/O. JEEVARAJ PRATHAMASHETTY
AGED ABOUT 47 YEARS,
R/AT H. NO. 2366, TALIKOTI,
RAJAWADE TALIKOTI, BIJAPUR,
KARNATAKA-586 214
4. MAHABALESHWAR MANAPPA PATTAR
AGED ABOUT 35 YEARS,
M.G. ROAD, TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
Digitally signed
by SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
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KARNATAKA-586 214.
5.
VISHWANATH HANCHATE
S/O. MARTANDAPPA,
AGED ABOUT 76 YEARS,
R/AT 283/D18, S.K. NAGAR,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214
6. SHRISHAILAPPA SIDDAPPA BABALESHWARA
S/O. SIDDAPPA RACHAPPA BABALESHWARA,
AGED ABOUT 66 YEARS,
R/AT HAVELI GALLI, TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214
7. SANGANGOUDA DADANNA DHANNUR
C/O DADANNA, AGED ABOUT 64 YEARS,
R/AT 1927/7, MINAJAGI,
NEAR AGASI, MINAJAGI,
VIJAYAPURA,
KARNATAKA-586 214.
8.
KASHINATH BABALESHWAR
S/O. MAHADEVAPPA,
AGED ABOUT 51 YEARS,
R/AT 448/C-1, TAMBAKI STREET,
TALIKOTI (RURAL), TALIKOTI,
BIJAPUR, KARNATAKA-586 214.
9. SRISHAILAPPA BASALINGAPPA BABALESHWAR
S/O. BASALINGAPPA,
AGED ABOUT 66 YEARS,
R/AT BHUMIKA NILAYA,
GANESH NAGAR, TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
10. MANAPPA ACHARAPPA CHIKKODI
AGED ABOUT 63 YEARS,
KAMANAKATTI, TALIKOTI (RURAL),
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TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
11. SRIDHAR JOSHI
S/O. VENKATESH,
AGED ABOUT 63 YEARS,
DEVARAHIPPARGI ROAD,
JOSHI BADAVANA TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
12. SIDDRAMAPPA S. YALGI
S/O. SANGAPPA,
AGED ABOUT 64 YEARS,
R/AT 408, THAMBAKI ONI,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
13.
PARAMANAND T AGRAWAL
S/O. TUKARAM AGARWAL,
AGED ABOUT 53 YEARS,
NO. 276/A, PLOT NO. 43,
BASAVANAGAR NEAR POLICE STATION,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
14. DANAPPA BABALESHWAR
S/O. RACHAPPA,
AGED ABOUT 68 YEARS,
R/AT NO. 9, HOUSING COLONY,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
15. LAKSHMAN RAO MAHINDRAKAR
S/O. VAJEERAPPA MAHENDRAKAR,
AGED ABOUT 80 YEARS,
R/AT VIDYANAGAR,
TALIKOTI (RURAL), TALIKOTI,
BIJAPUR, KARNATAKA-586 214.
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16. DEVIDAS NAGENDRA MAHINDRAKAR
S/O. NAGENDRA,
AGED ABOUT 52 YEARS,
R/AT VIDYANAGARA, TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
17. SHRISHAIL SANGAPPA INJALGERI
S/O. SANGAPPA INJALGERI,
AGED ABOUT 48 YEARS,
R/AT NEAR HANUMAN TEMPLE,
TALIKOTI (RURAL), TALIKOTI
BIJAPUR, KARNATAKA-586 214.
18. ABDUL HAMID INGALGERI
S/O. LADLEMASHAK,
AGED ABOUT 37 YEARS,
R/AT 860, AVALIGALLI,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
19. ERANNA NEELAPPA SASANUR
S/O. NEELAPPA,
AGED ABOUT 52 YEARS,
R/AT NO. 38, VIDYANAGAR,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
20.
SRINIVAS K. PATTAR
S/O. KALAPPA PATTAR,
AGED ABOUT 55 YEARS,
R/AT NO. 1855/3, BISTI GALLI,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
21. ABADHUPUR USMAN SAB BEPARI
C/O. USMANSABA BEPARI,
AGED ABOUT 72 YEARS,
R/AT NO. 10, BEPARI GALLI,
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TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
22. IMAMA ZAFAR SAYED HUSENA BEPARI
AGED ABOUT 37 YEARS,
NO. 274-P53, MILATHANAGAA,
TALIKOTI (RURAL), TALIKOTI,
BIJAPUR, KARNATAKA-586 214.
23.
IMAMSAB CHOUDRI
S/O. RAJESAB CHOUDARI,
AGED ABOUT 44 YEARS,
R/AT NO. 863, TIPPU NAGAR,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
24. SAHEBALAL ABDUL BEPARI
S/O. ABDUL BEPARI,
AGED ABOUT 42 YEARS,
R/AT KASAI GALLI,
NEAR BEGETABLE MARKET,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
25. ABDULWAZID BEPARI
S/O. IMAMSAB,
AGED ABOUT 41 YEARS,
R/AT 746/B, KASAB GALLI,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
26. IMAMSAB HUSENSAB BEPARI
S/O. HUSENSAB BEPARI,
AGED ABOUT 43 YEARS,
R/AT KASAI GALLI,
NEAR BEGETABLE MARKET,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
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KARNATAKA-586 214.
27. MAINUDDIN MARTUJA BEPARI
S/O. MARTUJA BEPARI,
AGED ABOUT 42 YEARS,
R/AT KASAI GALLI,
NEAR BEGETABLE MARKET,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
28. SRI. MALLARI AMBARI MAHINDRAKAR (DARJI)
S/O. AMBAJI MAHINDRAKAR (DARJI),
AGED ABOUT 66 YEARS,
R/AT 78B, AMBABHAVANI TEMPLE,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
29.
CHANDRASHEKAR M BABALESHWAR
S/O. MAHALINGAPPA,
AGED ABOUT 54 YEARS,
R/AT GANESH NAGAR,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214
30. SUBASCHANDRA S SALANKI
S/O. SHIVALINGAPPA,
AGED ABOUT 64 YEARS,
R/AT NO. 375,
SALANKI STREET,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
31. SHANKARGOUDA PATIL
S/O. CHANDRAMAPPAGOUD PATIL,
AGED ABOUT 48 YEARS,
R/AT 2500, RAJAWADE,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
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KARNATAKA-586 214.
32. VIJAYAKUMAR HANCHATE
S/O. KRISHNAJI,
AGED ABOUT 64 YEARS,
R/AT LIG 17/1, KHB COLONY,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
33.
SIDDANGOUDA SANGANGOUDA PATIL
C/O. SANGANAGOUDA PATIL,
AGED ABOUT 62 YEARS,
R/AT 237/1, RAJAWADE,
WARD NO. 17, TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
34. SAYADAKHAJAHUSEN ALLABAKAS
S/O. ALLABAKSH BADAGANA,
AGED ABOUT 41 YEARS,
R/AT 752/2, KASABAGALLI,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
35. CHANNABASAPPA PYATI
S/O. NINGAPPA PYATI,
AGED ABOUT 65 YEARS,
R/AT NO. 309, BASAVANAGARA,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
36. NAJEER KOLYAL
S/O. MOHAMMED HUSEN KOLYAN,
AGED ABOUT 31 YEARS,
R/AT NO. 28, VIDYANAGAR,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
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37. PRAKASH RAMACHANDRA MAHINDRAKAR
S/O. RAMACHANDRA,
AGED ABOUT 61 YEARS,
R/AT 284/B, FLAT NO.4,
VIDYANAGAR, TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
38.
KUMARSWAMY HIREMATH
S/O. SHARABHAYYA HIREMATH,
AGED ABOUT 41 YEARS,
R/AT NO. 25, VIDYANAGAR,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
39. TIRUPATI DEVENDRA HANCHATE
C/O. RAJEEV FOOTWEAR,
AGED ABOUT 72 YEARS,
R/AT M.G. ROAD,
TALIKOTI (RURAL),
TALIKOTI, BIJAPUR,
KARNATAKA-586 214.
40.
CHANNAPPA ALIAS CHANDRAPPA SANGAPPA
ALADI, AGED 72 YEARS
PRESENTLY RESIDING AT BALAGANUR
TALUK MUDDEBIHAL
VIJAYAPURA DISTRICT-586214
…PETITIONERS
(BY SRI. NITYANAND NAIK., ADVOCATE)
AND:
1.
THE CHIEF SECRETARY TO THE
GOVERNMENT OF KARNATAKA,
VIDHANA SOUDHA,
BENGALURU-560 001.
2. THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF KARNATAKA,
DEPARTMENT OF HOUSING AND
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URBAN DEVELOPMENT,
VIDHANA SOUDHA,
BENGALURU-560 001.
3. THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF KARNATAKA
DEPARTMENT OF MUNICIPAL ADMINISTRATION,
M.S. BUILDING,
BENGALURU-560 001.
4.
THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF KARNATAKA
FINANCE DEPARTMENT
VIDHANA SOUDHA
BENGALURU-560001.
5. THE DIRECTOR
MUNICIPAL ADMINISTRATION,
M.S. BUILDING,
BENGALURU-560 001.
6.
THE DEPUTY COMMISSIONER
VIJAYAPUR DISTRICT,
VIJAYAPUR-586104
7.
THE PROJECT DIRECTOR
DISTRICT URBAN DEVELOPMENT CELL
VIJAYAPURA DISTRICT-586101
8. THE TAHSILDAR
THALIKOT TALUK,
VIJAYAPUR DISTRICT-586214
9.
THE CHIEF OFFICER
TOWN MUNICIPAL COUNCIL,
THALIKOT,
VIJAYAPURA DISTRICT-586216
…RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA FOR R1 TO R8;
SRI.CHAITANYAKUMAR CHANDRIKI ADV., FOR R9)
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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS AND; I) TO ISSUE WRIT, ORDER OR DIRECTION IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NO.4, 5 AND 8 TO ALLOT THE PLOTS IN FAVOUR OF
TH
PETITIONERS AND OTHERS FROM WHOM THE 9
RESPONDENT RECEIVED THE AMOUNT FOR ALLOTMENT OF
PLOTS IN SY.NO.285/1A/2/2 AND SY.NO.285/1AX OF
THALIKOTE TOWN BY CONSIDERING THE REPRESENTATION
DATED 26/07/2021 SUBMITTED BY THE PETITIONERS VIDE
ANNEXURE-J; II) TO ISSUE WRIT, ORDER OR DIRECTION IN
THE NATURE OF MANDAMUS DECLARING THAT THE
RESPONDENT NO.6 AND 9 ARE ACCOUNTABLE AND LIABLE
FOR LOSS, DAMAGE, CAUSE AND ALSO THE MONEY
COLLECTED FROM THE PETITIONER AS TRUSTEE AND FOR ALL
CONSEQUENCES; III) TO PASS SUCH OTHER ORDERS OR
DIRECTIONS AS THIS HONOURABLE COURT DEEMS FIT IN THE
FACTS AND CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
This petition is filed seeking the following reliefs:
“ i) To Issue Writ, Order or Direction in the
nature of Mandamus directing the Respondent
No.4, 5 & 8 to allot the Plots in favour of
th
Petitioners and others from whom the 9
Respondent received the amount for allotment
of Plots in Sy.No.285/1A/2/2 and
Sy.No.285/1AX of Thalikote Town by
considering the Representation dated
26/07/2021 submitted by the Petitioners vide
Annexure-J, in the interest of justice and
equity.
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ii) To Issue Writ, Order or Direction in the
nature of mandamus declaring that the
Respondent No.6 & 9 are accountable and
liable for loss, damage, cause and also the
money collected from the Petitioner as Trustee
and for all consequences.
iii) To pass such other orders or directions
as this Hon’ble Court deems fit in the facts and
circumstances of the case, in the interest of
justice and equity.”
2. Heard Sri.Nityanand Naik, learned counsel
appearing for the petitioner, Sri.Mallikarjun Sahukar,
learned Additional Government Advocate appearing for
respondent Nos.1 to 8, Sri.Chaitanya Kumar Chandriki,
learned counsel appearing for respondent No.9 and
meticulously perused the material available on record.
3. The grievance of the petitioners in the present
petition is that respondent No.9-Town Municipal Council,
Thalikote, which was earlier the Gram Panchayat, collected
amounts from them by assuring that it would allot
residential plots for the purpose of construction of
residential building and based on such assurance the
petitioners have paid the money.
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4. The material on record indicates that, pursuant
to the amount deposited by the petitioners, the
respondent authorities have taken steps to acquire certain
lands and issued a notification, which was challenged by
the landowners before this Court in WP.No.23180/1990.
The said writ petition came to be allowed and the
acquisition proceedings were quashed. The order of the
learned Single Judge was assailed in WA.No.318/1994,
wherein the Division Bench of this Court vide order dated
24.02.1998, disposed of the writ appeal based on the joint
memo filed by the parties.
5. It is to be noticed that the petitioners have
approached respondent No.9 on several occasions by
submitting representations, produced at Annexure-J
series, requesting the authority for allotment of residential
sites as assured. However, the authority failed to respond
to the said representations. It is further to be noticed that,
during the pendency of this petition, the petitioners
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submitted a representation dated 05.02.2025 making
similar request. Hence, the petitioners seek to issue
direction to consider their grievance.
6. Respondent No.9 has filed a detailed statement
of objections expressing its inability to form a layout by
referring to the orders passed by the Co-ordinate Bench of
this Court in WP.No.1717-1720/1997, wherein similarly
placed applicants have sought a prayer for allotment of
sites, which was dimissed way back in the year 1998 and
contend that now there are rival lists as well claiming to
have made the payments.
7. It is also to be noticed that the present writ
petition is filed seeking to issue writ in the nature of
mandamus to the respondent authorities to allot the plots
in favour of the petitioners as assured. However, the
alleged collection of amount from the petitioners was in
the year 1958-1971 and in my considered view, it may not
be appropriate at this stage to issue a positive mandamus
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to consider the petitioners request and allot the sites in
the absence of any specific material on record to indicate
that there exists a converted land and sites are available
for allotment.
8. Be that as it may, the petitioners have
submitted representations to respondent No.9 way back in
the year 2021 and during the pendency of this petition as
well the petitioners have submitted a representation on
05.02.2025, which is produced along with the memo. I am
of the considered view that ends of justice would be met if
respondent No.9 takes appropriate decision on the
representations submitted by the petitioners by verifying
the records available with it and communicate such
decision to the petitioners within a reasonable time.
Accordingly, I proceed to pass the following:
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ORDER
allowed
i. The writ petition is .
ii. Writ of mandamus is issued to respondent
No.9 to consider the petitioners
representations at Annexure-J series to
the writ petition as well as the
representation dated 05.02.2025, in
accordance with law and pass appropriate
orders within a period of six months from
the date of receipt of a copy of this order.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
ABK
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