SMT JAYARABI SHETASANADI vs THE GOVERNMENT OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
IN THE HIGH COURT OF KARNATAKA AT DHARWAD
TH
DATED THIS THE 12 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 106631 OF 2026 (GM-KEB)
C/W
WRIT PETITION NO. 108751 OF 2025 (KLR-RES)
IN WP NO. 106631/2026
BETWEEN:
1. SMT. JAYARABI SHETASANADI,
AGE.: 46 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: 216/6, VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
2. SMT. BASAVANNEVVA N. INGALAGI,
AGE.: 61 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
3. SMT. JYOTI FAKKIRESH HARIJAN,
AGE.: 25 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: 204, VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
4. SMT. SAVITA HURALI,
AGE.: 43 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
5. SMT. SHANTAVVA IRAPPA HADAPAD,
AGE.: 44 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
6. SMT. HEENA HAJARESAB MULLANAVAR,
AGE.: 23 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
SAROJA
HANGARAKI
Digitally signed by
SAROJA HANGARAKI
Location: HIGH COURT
OF KARNATAKA
DHARWAD BENCH
- 2 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
7. SMT. RENUKA SHIVAPPA HARIJAN,
AGE.: 42 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
8. SMT. NEELAMMA NAGARAJ ULLAGADDI,
AGE.: 40 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
9. SMT. NANIMA MUNAFASAB SOUDAGAR,
AGE.: 43 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
10.SMT. SHOBHA DYAVAPPA KURADIKERI,
AGE.: 40 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
11. SMT. NIRMALA B. TEMBADAMANI,
AGE.: 45 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
12. SMT. CHANNAVVA SHIVANAND MADIWALAR,
AGE.: 40 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: 103, VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
13. SMT. YALLAVVA BASAVARAJ MALLUR,
AGE.: 47 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
14. SMT. HONNAVVA PRAKASH OLEKAR,
AGE.: 27 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
15. SMT. SAVITRI BASAPPA HURALI,
AGE.: 44 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: 216/6, VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
- 3 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
16. SMT. NANNIMA ABDUL AJIJ SHIGGAON,
AGE.: 43 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
17. SMT. KAMALAVVA GURUPADAPPA MALLUR,
AGE.: 51 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
18. SMT. NANDA SADANAND MARIDYAMANNAVAR,
AGE.: 37 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
19. SMT. LAXMI SADASHIVAPPA KSHOURAD,
AGE.: 39 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
20. SMT. GIRIJAVVA W/O SHIVANAGOUDA KADADALLI,
AGE.: 37 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
21. SMT. SHANTAVVA RAMAPPA SARAVARI,
AGE.: 54 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
22. SMT. LALITAVVA NAGAPPA WALMIKI,
AGE.: 44 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
23. SMT. NAGINABANU JAPARKHAN SOUDAGAR,
AGE.: 36 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
24. SMT. NAGAVVA BEEMAPPA BHAJANTRI,
AGE.: 81 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
- 4 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
25. SHRI. MANJUNATH H. TALAVAR,
AGE.: 52 YEARS, OCC.: AGRICULTURE,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
26. SMT. VISHALA SHEKAPPA MALALI,
AGE.: 56 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
27. SMT. NIRMALA W/O HANUMANTAPPA BHAJANTRI,
AGE.: 42 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
28. SMT. SUMITRA SHIVABASAPPA KANDRANI,
AGE.: 46 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
29. SMT. BHAGYA NAGARAJ KANDRANI,
AGE.: 23 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
30. SMT. DAWALABI M. SHETSANADI
AGE.: 28 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
31. SMT. SUNITA MAHANTESH OLEKAR,
AGE.: 24 YEARS, OCC.: HOUSEHOLD WORK,
R/O.: VTC GANJIGATTI, PO MUGALI,
TQ. SHIGGAON, DIST. HAVERI – 581 205.
…PETITIONERS
(BY SRI. UROOJAHMED J. HAVALDAR, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA,
DEPARTMENT OF ENERGY,
ROOM NO. 236, 2ND FLOOR, VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI, BENGALURU – 560001
REPRESENTED BY ITS PRINCIPAL SECRETORY.
- 5 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
2. THE MANAGING DIRECTOR,
HUBLI ELECTRICITY SUPPLY COMPANY LIMITED,
NAVANAGAR, P.B. ROAD, HUBBALLI-580025.
3. THE ASSISTANT EXECUTIVE ENGINEER,
KARNATAKA ELECTRICITY SUPPLY CORPORATION,
OPERATIONS AND MAINTENANCE (O&M) SUB-DIVISION,
HESCOM SHIGGAON, TQ. SHIGGAON,
DIST. HAVERI – 581205.
4. THE CHIEF EXECUTIVE OFFICER,
GRAM PANCHAYAT HIRREMALLUR VILLAGE,
TQ. SHIGGAON, DIST. HAVERI-581205.
5. THE PANCHYAT DEVELOPMENT OFFICER,
GRAM PANCHAYAT HIRREMALLUR VILLAGE,
TQ. SHIGGAON, DIST. HAVERI-581205.
…RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1;
SRI. SRINIVAS B. NAIK, ADVOCATE FOR R3;
SRI. NAMAZI ABDUL SNTAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS THEREBY DIRECTING THE RESPONDENTS,
PARTICULARLY RESPONDENT NO.3, TO FORTHWITH CONSIDER THE
PETITIONERS' REPRESENTATION DATED 16/07/2026 VIDE
ANNEXURE-J AND PROVIDE ELECTRICITY CONNECTIONS TO THEIR
RESPECTIVE RESIDENTIAL HOUSES SITUATED IN SY. NO.71//,
CHARAMURTHESHWAR NAGAR, GANJIGATTI VILLAGE, SHIGGAON
TALUK, HAVERI DISTRICT AND ETC.
IN WP NO. 108751/2025
BETWEEN:
1. KEMPANNA S/O BHIMANNA BARADWAD,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
2. RAMAPPA S/O HANAMANTAPPA KANDRANI
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
- 6 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
3. CHANNAPPA S/O FAKKIRAPPA VALMIKI,
AGE:56 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
4. SHEKAPPA S/O CHANNAPPA MAKAPUR,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
5. SHIVAPUTRAPPA S/O BASAVANNEPPA KSHOUVARAD,
AGE: 49 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
6. BASAVANTAPPA S/O SHIAVAPPA MARAMBID,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
7. BHARAMAPPA S/O BASAPPA MARAMBID,
AGE: 68 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
8. DODDAIRAPPA S/O SHANKRAPPA KANDRANI
AGE:58 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
9. BASAVANNEPPA S/O HANAMANTAPPA MARAMBID,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
10. SHANMUKAPPA B. MARAMBIDA,
AGE:55 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHINGAON, DIST: HAVERI-
11. IRRAVVA D/O FAKKIRAPPA HURALI,
AGE: 78 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
12. SAVAKKA W/O MAHADEVAPP HONDADKATTI,
AGE: 60 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
13. KAMALAVVA W/O SOMANAGOUDA GUNJAL,
AGE:58 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
- 7 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
14. HANAMANTAPPA S/O IRAPPA HONDADKATTI,
AGE:67 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
15. SIDRMAPPA S/O IRAPPA TEMBADAMANI,
AGE:65 YEARS, OCC: AGRICULTURE,
R/O: GANJIGATTI, TQ: SHIGGAON, DIST: HAVERI-
...PETITIONERS
(BY SRI. G.K. HIREGONDAR, ADVOCATE FOR
SRI. OMKAR LAXMAN DESAI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S. BUILDING, VIDHANA VEEDI,
BENGALURU-560001,
REPRESENTED BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER HAVERI,
SHIGGAON TALUKA, HAVERI DISTRICT-581110.
3. THE CHIEF EXECUTIVE OFFICER OF
GRAM PANCHAYT HIREMALLUR VILLAGE,
SHIGGAON TALUKA, HAVERI DISTRICT-581205.
4. ASSISTANT DIRECTOR,
TOWN AND COUNTRY PLANNING,
DISTRICT HAVERI-581110.
5. THE TAHSILDAR, SHIGAON TALUKA,
DISTRICT HAVERI-581 205.
6. THE PRESIDENT OF GRAM PANCHAYAT,
HIREMALLUR VILLAGE, SHIGGAON TALUKA,
HAVERI DISTRICT. 581205.
7. THE ASSISTANT COMMISSIONER,
SAVANUR DIVISION- HAVERI. 581110.
...RESPONDENTS
(BY SRI. PRASHANTH V. MOGALI, HCGP FOR R1, R2, R4, R5 AND R7;
NOTICE TO R3 IS SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
- 8 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
MANDAMUS OR ANY OTHER ORDER OF DIRECTIONS DIRECTING THE
RESPONDENT NO.2 TO ALLOT THE ACTUAL SITE IN-TERMS OF
HAKKU-PATRA VIDE ANNEXURE-A TO A14 ISSUED IN FAVOUR OF
THE PETITIONERS IN SY.NO.71 IN GANJIGATTI VILLAGE
SHINGGAON TALUKA TO EXTENT OF 30X40 SQ. FEET LAND AND PUT
THEM UNDER POSSESSION BY PROVIDING BASIC AMENITIES TO
ALLOTTED SITES, IN THE ENDS OF JUSTICE AND EQUITY AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL
ORAL ORDER
In W.P.No.106631/2026
1. Petitioners in this writ petition are seeking following reliefs:
“a) Issue a Writ of Mandamus thereby directing the
Respondents, particularly Respondent No.3, to forthwith
consider the Petitioners' representation dated 16/07/2026
vide Annexure-J and provide electricity connections to
their respective residential houses situated in Sy.
No.71//, Charamurtheshwar Nagar, Ganjigatti Village,
Shiggaon Taluk, Haveri District;
b) Pass such other orders or directions as this Hon'ble
Court deems just and proper to meet the ends of justice
and equity.”
2. Case of the petitioners is that they are in occupation of
certain portion of land bearing Sy.No.71 totally measuring
16 acres 20 guntas which admittedly belong to the
respondent-Government. According to petitioners an
extent of 10 acres 24 guntas out of the said land has been
- 9 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
earmarked for the purpose of establishment of 220/110 KV
Electricity Distribution Station and another extent of 2
acres has been allotted in favour of the Executive
Engineer, Gram Panchayat, Shiggaon.
3. That the petitioners have been residing over an extent of 2
acres 4 guntas of land forming part of the said survey
number for several years, which is now considered as
Revenue Village known and called as ‘Charamurtheshwar
Nagar’, Ganjigatti Village, Shiggaon Taluk in terms of office
order issued by the Assistant Director of Land Records,
Shiggaon dated 16.05.2025.
4. Petitioners have been making representation to respondent
No.3-Assistant Executive Engineer, Karnataka Electricity
Supply Corporation for providing electricity supply. Being
aggrieved by the inaction on the part of respondents,
petitioners are before this Court.
5. Learned counsel for the petitioners reiterating the
aforesaid facts also refers to a communication addressed
by the Panchayat Development Officer of Hiremallur Gram
- 10 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
Panchayat produced at Annexure-F series, in terms of
which the Gram Panchayat Development Officer seem to
have given no-objection for providing electricity supply to
the petitioners.
6. Learned counsel appearing for the petitioners also relies
upon certain orders passed by the Co-ordinate Bench of
this Court produced at Annexures-K, L, N and submits that
under the identical circumstances, the Co-ordinate Bench
of this Court had directed the respondent-Authorities to
provide the temporary electricity connection. Hence, seeks
for similar relief.
7. Learned counsel for respondent No.3 on the other hand
submits that respondent No.3 has no objection to provide
electricity connection as sought for. However, in the light
of writ petition in W.P.No.108751/2025 filed by certain
persons claiming to have been allotted Hakkupatras by the
respondent-State in respect of the very same portion of
land in Sy.No.71, and unless a clarification is issued by the
concerned authorities, respondent No.3 is not in a position
- 11 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
to proceed further upon the requisition made by the
petitioners.
In W.P.No.108751/2025
8. Petitioners in this writ petition are seeking following reliefs:
“i. Issue a writ of mandamus or any other order of
directions directing the Respondent No-2 to allot the
actual site in-terms of Hakku-Patra Vide Annexure -A to
A14 issued in favour of the Petitioners in Sy No.71 in
Ganjigatti Village, Shiggaon Taluk to extent of 30x40 Sq.
feet land and put them under possession by providing
basic amenities to allotted sites, in the ends of justice and
equity.
ii. Issue a writ of Certiorari quashing the notification
dated: 20.08.2025 at Annexure-E passed by the
Respondent No. 2 or alternatively not to proceed further
pursuant to the notification issued under Section 5 of the
Karnataka Land Revenue Act till all the petitioners have
issued sites interms of Hakku Patra in Sy No. 71.
iii. Any other relief as deemed fit in the facts and
circumstances of the case in the ends of justice and
equity.”
9. It is the case of petitioners that they have been allotted
sites in Sy.No.71 under Ashraya Yojana in the year 1990-
91 and 1996-97. Hakkupatras have also been issued. In
the meanwhile, respondent No.2-Deputy Commissioner
has issued a notification on 20.08.2025 to constitute new
revenue village in Sy.No.71 to accommodate other
occupants. Hence, the petitioners have requested for
- 12 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
possession of the sites granted in their favour. Being
aggrieved by the notification dated 20.08.2025 issued by
respondent No.2-Deputy Commissioner, the petitioners are
before this Court.
10. Learned counsel for the petitioners submits that the
petitioners in this case have already been allotted sites
measuring 30x40 feet as per Hakkupatras issued by the
respondent-Authorities under the Ashraya Yojana produced
at Annexure-A series. He submits though the Hakkupatras
were issued as far back as in the years 1991 to 1997, the
physical possession of the said sites have not been
delivered to the petitioners. He also submits that no basic
amenities have been provided by the respondent-
Authorities.
11. He submits that the petitioners in W.P.No.106631/2026
have not even been issued such Hakkupatras and in
occupation of the land, which admittedly belong to the
respondent-State. That unless and until the sites which are
formed and Hakkupatras in respect of which were allotted
in favour of the petitioners are identified and the physical
- 13 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
possession is handed over to the petitioners in
W.P.No.106631/2026, they may not be able to claim their
right over the property as it may create anomaly with
regard to availability of the land.
12. He submits that the petitioners in W.P.No.108751/2025 in
principle have no objection in petitioners in
W.P.No.106631/2026 being provided with electricity
connection. However, the respondent-Authorities shall be
directed to identify the availability of the land, in which the
sites have been allotted in favour of the petitioners.
13. Learned HCGP appearing for respondents No.1, 2, 4, 5 and
7 submits that it is respondent No.3, Chief Executive
Officer, Gram Panchayat, who is required to respond to the
averments and allegation made by the petitioners in
W.P.No.108751/2025.
14. Though notice is served on respondent No.3, there has
been no representation.
15. Heard. Perused the records.
- 14 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
16. Pursuant to the direction issued by this Court in
W.P.No.106631/2026 on 30.09.2026, learned counsel for
the petitioners has filed a memo along with certain
photographs. Perusal of which indicate existence of certain
structures, which are purportedly being used by the
petitioners for their dwelling purposes.
17. Whether the portion of land in Sy.No.71 being occupied by
the petitioners in W.P.No.106631/2026 forms part of the
land being claimed by the petitioners in
W.P.No.108751/2025 or not, is required to be ascertained,
and adjudicated upon by the concerned Authorities, who
have purportedly issued Hakkupatras in favour of the
petitioners in W.P.No.108751/2025.
18. Thus, from the narration of the facts and perusal of
records as noted above, though petitioners in
W.P.No.108751/2025 claim that they have been issued
with Hakkupatras, admittedly no physical possession of the
sites has been handed over to them. Whereas petitioners
in W.P.No.106631/2026 are though admittedly in
possession, have not been issued with any Hakkupatras.
- 15 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
19. Learned counsel appearing for the petitioners in
W.P.No.106631/2026 hasten to add that the petitioners in
the said writ petition are not occupying any portion of land,
which is being claimed by the petitioners in
W.P.No.108751/2025 and he further submits that the
petitioners though not have been issued with any
Hakkupatras, they have already remitted fees to the
respondent-State seeking issuance of Hakkupatras in
respect of their respective occupation.
20. As already noted above, the extent of land in possession of
the respective petitioners in the aforesaid writ petitions is
required to be identified and earmarked by respondent
No.3-Chief Executive Officer, Gram Panchayat in
W.P.No.108751/2025.
21. However, since respondent No.3-Assistant Executive
Engineer in W.P.No.106631/2026 has in principle no
objection to provide electricity connection, in light of the
observation made hereinabove, this Court deems it
appropriate to allow the writ petition in
W.P.No.106631/2026.
- 16 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
22. Respondent No.3 is accordingly directed to provide
electricity connection to the dwelling units of the
petitioners within 60 days.
23. It is made clear that providing of electricity connection is
subject to respondent No.3-Chief Executive Officer, Gram
Panchayat in W.P.No.108751/2025 identifying the
occupation of the petitioners in W.P.No.108751/2025.
24. Consequently Writ Petition No.108751/2025 is partly
allowed .
25. Respondents No.2, 3 and 6 are directed to look into the
representation made by the petitioners in
W.P.No.108751/2025 as per Annexure-F at page No.77 of
the writ petition and take appropriate action keeping in
mind the Hakkupatras purportedly issued in favour of the
petitioners during the years 1991 to 1997.
26. The action taken in this matter shall be communicated to
the petitioners in W.P.No.108751/2025 within an outer
limit of 6 months from the date of receipt of certified copy
of this order.
- 17 -
HC-KAR
NC: 2026:KHC-D:16852
WP No. 106631 of 2026
C/W WP No. 108751 of 2025
CNR: KAHC020142862026
27. It is made clear that no order is passed with regard to the
proposal to declare the area as revenue area under the
notification. Such declaration of revenue village shall be
subject to determination of the claims of the petitioners as
noted above.
Sd/-
(M.G.S. KAMAL)
JUDGE
SH
CT:SD
LIST NO.: 1 SL NO.: 9