Shri. Lateefkhan Ameerkhan Pathan vs The Commissioner
2026 Latest Caselaw 2356 Kant

Karnataka High Court

Shri. Lateefkhan Ameerkhan Pathan vs The Commissioner on 16 March, 2026

                                                -1-
                                                         NC: 2026:KHC-D:4067
                                                      WP No. 102155 of 2017


                    HC-KAR




                   IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                        DATED THIS THE 16TH DAY OF MARCH, 2026
                                         BEFORE
                             THE HON'BLE MS. JUSTICE JYOTI M
                        WRIT PETITION NO. 102155 OF 2017 (LB-)
                   BETWEEN:

                   SHRI. LATEEFKHAN AMEERKHAN PATHAN,
                   AGE: 50 YEARS, OCC: AGRI. AND BUSINESS,
                   R/O. NO.2682/A, KASAI GALLI,
                   BELAGAVI-590 001.
                                                                 ... PETITIONER
                   (BY SRI. B.S. KAMATE, ADVOCATE)

                   AND:

                   1.    THE COMMISSIONER,
                         THE BELAGAVI URBAN
                         DEVELOPMENT AUTHORITY,
                         BELAGAVI-590 001.

                   2.    THE DEPUTY COMMISSIONER,
                         BELAGAVI, DIST: BELAGAVI.
Digitally signed
by
PREMCHANDRA
                   3.    THE TAHASILDAR,
MR
Location: HIGH
                         DEPARTMENT OF SURVEY
COURT OF
KARNATAKA                AND LAND RECORDS,
                         BELAGAVI.
                                                               ... RESPONDENTS
                   (BY SRI. P.N. HATTI, HCGP FOR R2-R3;
                    SRI. G.I.GACHCHINAMATH, ADVOCATE FOR R1)

                        THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
                   227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
                   RELIEFS.
                                   -2-
                                                    NC: 2026:KHC-D:4067
                                              WP No. 102155 of 2017


HC-KAR




    THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:

                            ORAL ORDER

Sri.B.S.Kamate., counsel for the petitioner,

Sri.G.I.Gachchinamath., counsel for respondent No.1 and

Sri.P.N.Hatti., counsel for respondents 2 and 3 have appeared in

person.

2. The petition is filed seeking following reliefs:

"a) a writ in the nature of mandamus or any other writ or order of direction directing 1st Respondent to consider the notice/request dated 07.12.2016 of the Petitioner (vide Annexure-P) restricting the area of the layout as 24606.17 sq.mtrs (6 acres-2 guntas-3 anas) in scheme No.41 and the property bearing Sy.No.71/2B measuring 2000 sq.mtrs (19 guntas-12 anas) to be shown as Petitioner's property in all the necessary records and further to cancel the auction or allotment or sale deeds in respect of plot No.1 and Plot No.62 and further to remove the structure in plot no.61 which is in the name of BUDA in the interest of justice.

b) such other writ or direction or orders may deem fit under the facts and circumstances of the case, including an order for costs be passed in the interest of justice."

NC: 2026:KHC-D:4067

HC-KAR

3. Counsel for the respective parties urged several

contentions. Heard the arguments and perused the papers with

care.

4. The petitioner's grievance is that a notice has been

sent on 07.02.2016 at Annexure-P and the same has not been

considered as of today. As this Court cannot direct to consider

the notice, hence, petitioner is directed to submit a

representation to put forth his grievance within two weeks from

the receipt of certified copy of this order. Upon receipt of such

representation, respondent No.1 is directed to consider the same

within four weeks thereon. While considering the representation,

respondent No.1 may consider the notice dated:07.12.2026.

5. With the above observation, the Writ Petition is

disposed of. Needless to observe that, this Court has not

expressed any opinion on the merits of the case.

Sd/-

(JYOTI M) JUDGE

MRP LIST NO.: 1 SL NO.: 56