Citation : 2026 Latest Caselaw 2501 Kant
Judgement Date : 23 March, 2026
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NC: 2026:KHC-D:4412
WP No. 103336 of 2021
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MS. JUSTICE JYOTI M
WRIT PETITION NO. 103336 OF 2021 (LB-RES)
BETWEEN:
1. DEEPCHAND S/O DALICHAND TATED
AGE: 52 YEARS, OCC: BUSINESS,
SHOP NO.01, CLOTH MARKET,
TQ. / DIST: GADAG-582 101.
2. JAVERILAL S/O RIKABCHAND PUKARAJI
AGE:58 YEARS, OCC: BUSINESS,
SHOP NO.02, CLOTH MARKET,
TQ. / DIST: GADAG-582 101.
3. ASHOKKUMAR S/O KUNDANMAL JAIN
AGE: 62 YEARS, OCC: BUSINESS,
SHOP NO.20, CLOTH MARKET
TQ. / DIST: GADAG-582 101.
4. SURESHKUMAR S/O MOOLCHAND BHANSALI
AGE: 54 YEARS, OCC: BUSINESS
SHOP NO.03, CLOTH MARKET
Digitally signed
by
TQ. / DIST: GADAG-582 101.
PREMCHANDRA
MR
Location: HIGH
COURT OF 5. PUKRAJ S/O MEGRAJJI KOTHARI
KARNATAKA
AGE: 52 YEARS, OCC: BUSINESS
SHOP NO.0, CLOTH MARKET
TQ. / DIST: GADAG-582 101.
6. LALIT KUMAR S/O HARAKCHANDJI SANKALESHA
AGE: 47 YEARS, OCC: BUSINESS
SHOP NO.06, CLOTH MARKET
TQ. / DIST: GADAG-582 101
7. JAWAHARLAL S/O CHUNILALJI BAGRECHA
AGE: 70 YEARS, OCC: BUSINESS
SHOP NO.07, CLOTH MARKET
TQ. / DIST: GADAG-582 101
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WP No. 103336 of 2021
HC-KAR
8. KANTILAL S/O CHAMPALALJI BAGRECHA
AGE: 61 YEARS, OCC: BUSINESS
SHOP NO.08, CLOTH MARKET
TQ. / DIST: GADAG-582 101
9. KARANRAJ S/O THANMAL
AGE:59 YEARS, OCC: BUSINESS
SHOP NO.09, CLOTH MARKET
TQ. / DIST: GADAG-582 101
10. DINESHKUMAR S/O KANDANMAL JAIN
AGE: 55 YEARS, OCC: BUSINESS
SHOP NO.10, CLOTH MARKET
TQ. / DIST: GADAG-582 101
11. MUKESH S/O BABULAL
AGE: 39 YEARS, OCC: BUSINESS
SHOP NO.11, CLOTH MARKET
TQ. / DIST: GADAG-582 101
12. LALIT KUMAR S/O NEMICHAND
AGE: 39 YEARS, OCC: BUSINESS
SHOP NO.12, CLOTH MARKET
TQ. / DIST: GADAG-582 101
13. RATAN CHAND S/O BHAWARLAL
AGE: 56 YEARS, OCC: BUSINESS
SHOP NO.13, CLOTH MARKET
TQ. / DIST: GADAG-582 101
14. MUKESHKUMAR S/O KHEEMRAJ
AGE: 39 YEARS, OCC: BUSINESS
SHOP NO.14, CLOTH MARKET
TQ. / DIST: GADAG-582 101
15. PRATHVIRAJ S/O HARAKCHAND
AGE: 56 YEARS, OCC: BUSINESS
SHOP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
16. NEMICHAND S/O PUKHRAJ
AGE: 61 YEARS, OCC: BUSINESS
SHOP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
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HC-KAR
17. KHEEMRAJ S/O RANMAL
AGE: 57 YEARS, OCC: BUSINESS
SHOP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
18. RAMESH S/O NEMICHAND
AGE: 41 YEARS, OCC: BUSINESS
SHOP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
19. AMRUTLAL S/O PUKHRAJ
AGE: 70 YEARS, OCC: BUSINESS
SHOP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
20. MADANLAL S/O SAGARMAL
AGE: 65 YEARS, OCC: BUSINESS
SHOP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
21. DEVRAJ S/O RANMAL JAIN/BHANSALI
AGE: 51 YEARS, OCC: BUSINESS
SHOP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
22. RAJENDRA KUMAR S/O HARAKCHAND
AGE: 51 YEARS, OCC: BUSINESS
SHOP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
23. SURESH S/O RIKHABCHAND KOTHARI
AGE: 58 YEARS, OCC: BUSINESS
SHIP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
24. SAWALCHAND S/O HARAKCHAND
AGE: 61 YEARS, OCC: BUSINESS
SHIP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
25. JITENDRA S/O NENMAL
AGE: 61 YEARS, OCC: BUSINESS
SHIP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
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WP No. 103336 of 2021
HC-KAR
26. RAJENDRA KUMAR
S/O SHANKARLAL SANKLECHA(JAIN)
AGE: 56 YEARS, OCC: BUSINESS
SHIP NO.15, CLOTH MARKET
TQ. / DIST: GADAG-582 101
27. SURESHKUMAR S/O MOHANLAL
AGE: 58 YEARS, OCC: BUSINESS
SHIP NO.27, CLOTH MARKET
TQ. / DIST: GADAG-582 101
28. BABULAL S/O RAICHAND
AGE: 52 YEARS, OCC: BUSINESS
SHIP NO.28, CLOTH MARKET
TQ. / DIST: GADAG-582 101
29. ASHOK S/O HARAKCHAND
AGE: 54 YEARS, OCC: BUSINESS
SHIP NO.29, CLOTH MARKET
TQ. / DIST: GADAG-582 101
30. RAJENDRA KUMAR S/O GEBIRAM BHANSALI
AGE: 52 YEARS, OCC: BUSINESS
SHIP NO.30, CLOTH MARKET
TQ. / DIST: GADAG-582 101
31. MAHAVIR KUMAR S/O PUKHRAJ BHANSALI
AGE: 59 YEARS, OCC: BUSINESS
SHIP NO.31, CLOTH MARKET
TQ. / DIST: GADAG-582 101
32. RANMAL S/O CHAMPALAL
AGE: 51 YEARS, OCC: BUSINESS
SHIP NO.32, CLOTH MARKET
TQ. / DIST: GADAG-582 101
33. GOUTAMKUMAR S/O PUKHRAJ SOLANKI
AGE: 57 YEARS, OCC: BUSINESS
SHIP NO.33, CLOTH MARKET
TQ. / DIST: GADAG-582 101
34. SURESHKUMAR S/O HIRACHAND
AGE: 61 YEARS, OCC: BUSINESS
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WP No. 103336 of 2021
HC-KAR
SHIP NO.34, CLOTH MARKET
TQ. / DIST: GADAG-582 101
35. JAYANTILAL S/O SHANKARLAL SANKLESHA
AGE: 51 YEARS, OCC: BUSINESS
SHOP NO.35, CLOTH MARKET
TQ. / DIST: GADAG-582 101
36. NEMICHAND S/O BADARMAL BHANSALI
AGE: 70 YEARS, OCC: BUSINESS
SHOP NO.36, CLOTH MARKET
TQ. / DIST: GADAG-582 101
37. DEVICHAND S/O SAKALCHAND
AGE: 74 YEARS, OCC: BUSINESS
SHOP NO.36, CLOTH MARKET
TQ. / DIST: GADAG-582 101
38. KANTILAL S/O KEWALCHAND BHANSALI
AGE: 59 YEARS, OCC: BUSINESS
SHOP NO.36, CLOTH MARKET
TQ. / DIST: GADAG-582 101
39. MOOLCHAND S/O SONAJI BHANSALI
AGE: 59 YEARS, OCC: BUSINESS
SHOP NO.36, CLOTH MARKET
TQ. / DIST: GADAG-582 101
40. HIRACHAND S/O BALAKCHAND
AGE: 59 YEARS, OCC: BUSINESS
SHOP NO.36, CLOTH MARKET
TQ. / DIST: GADAG-582 101.
...PETITIONER
(BY SRI. JAGADISH PATIL, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
BENGALURU - 582101.
2. THE DIRECTORATE MUNICIPAL ADMINISTRATION
9TH AND 10TH FLOOR,
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WP No. 103336 of 2021
HC-KAR
VISHWESHWARAIAH TOWER,
DR. CELLPHONE SHOWROOM
AMBEDKAR VIDYA,
BANGALORE - 560001.
3. THE DEPUTY COMMISSIONER GADAG
GADAG - 582101.
4. THE COMMISSIONER GADAG
CITY MUNIPALITY COUNCIL,
GADAG - 582 101.
...RESPONDENTS
(BY SRI.P.N.HATTI, HCGP FOR R1 TO R3;
SRI.G.I.GACHCHINAMATH, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.
THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.Jagadish Patil., counsel for the petitioners,
Sri.P.N.Hatti., HCGP for respondents 1 to 3 and
Sri.G.I.Gachchinamath., counsel for respondent No.4 have
appeared in person.
2. The Writ Petition is filed seeking the following
prayers:
1. Issue a writ of mandamus or any other order or direction, directing the respondents to consider the representations vide Annexure-D dated 20/11/2005, Annexure-D1 dated 28/11/2006, Annexure-D2 dated 06/12/2007, Annexure-D3 dated 27/02/2008,
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HC-KAR
Annexure-D4 dated 20/06/2008, Annexure-D5 dated 30/06/2008, Annexure-D6 dated 24/12/2008, Annexure-D7 dated 06/08/2021 and Annexure-D8 dated 19/08/2021 made by the petitioners herein that to execute the sale of shops at Gadag Betageri i.e. shop Nos.1577/27, 1577/31, 1577/35, 1577/39, 1577/43, 1577/26, 1577 /30, 1577/34, 1577/38, 1577/42, 1577/25, 1577/29, 1577/33, 1577/37, 1577/41, 1577/24, 1577/28, 1577/32, 1577/36, 1577 /40, 1577/47, 1577/51, 1577/55, 1577/59, 1577/63, 1577/46, 1577/50, 1577/54, 1577/58, 1577/62, 1577/45, 1577/49, 1577/ 53, 1577/57, 1577/61, 1577/44, 1577/48, 1577/52, 1577/56, 1577/60 to the petitioners herein.
2. Issue writ of mandamus directing the respondents' authority to refrain from alienating the rights of the petitioners in the premises in favour of any other persons.
3. The petitioners contend that they have submitted
representations vide Annexures-D, D1 to D8. Their grievance is
that the same has not been considered as of today.
4. High Court Government Pleader for respondents-
State and counsel for respondent No.4 submits that an
appropriate order may be passed.
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HC-KAR
5. Heard the arguments and perused the papers with
care.
6. The petitioners' grievance is that they have made
representations and the same have not been considered as of
today. It is significant to note that any representation submitted
by a Citizen to the authority concerned, must be given due
consideration at the earliest possible opportunity and the
authority is obligated to process and decide on it expeditiously.
Therefore, I deem it proper to issue a mandamus directing
respondents-authorities to consider the representations
submitted by the petitioners vide Annexures-D, D1 to D8 within
two weeks from the receipt of certified copy of this order in
accordance with the law, if not considered as of today.
7. With the above observation, writ petition is disposed
of. Needless to observe that this Court has not expressed
anything on the merits of the case.
Sd/-
(JYOTI M) JUDGE AM LIST NO.: 1 SL NO.: 54
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