2026 Supreme(Online)(Kar) 5895
THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
CHANDRASHEKHAR S/O BASAVARAJ TADSAD – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 105810/2025
HC-KAR IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 101601 OF 2025 (LB-RES)
C/W WRIT PETITION NO. 105810 OF 2025 (LB-ELE)
IN W.P.NO.101601/2025 BETWEEN
1. SMT USHA MAHESH DASAR W/O MAHESH DASAR , AGED ABOUT 27 YEARS, R/A SIDDARAMESHWAR NAGAR, NEAR HUBAR PLOT GADAG-582101
2. SRI ANIL M ABBIGERE S/O MALLAPPA AGED ABOUT 49 YEARS, OCC. R/A 1728 /5, OLD SARAF BAZAAR, Digitally signed by SHWETHA GADAG-562101 RAGHAVEN DRA Location: HIGH
3. SRI GULAPPA S MUSHIGERI COURT OF S/O HANAMANTHAPPA MUSHIGIRI KARNATAKA AGED ABOUT 45 YEARS, R/A NO. 250/9, VIVEKANANDA NAGAR, NEAR HANUMAN TEMPLE, BETAGERI GADAG-582101 ...PETITIONERS (BY SRI. K.N. PHANINDRA SR. ADVOCATE FOR SRI. B.R. SRIVATSA., ADVOCATE FOR HC-KAR SRI. MRUTYUNJAYA S. HALLIKERI., ADVOCATE)
AND
1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT M.S. BUILDING, BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY COMMISSIONER GADAG DISTRICT DISTRICT ADMINISTRATION BUILDING, GADAG-582101
3. THE REGIONAL COMMISSIONER BELAGAVI DIVISION BELAGAVI-590002.
4. THE COMMISSIONER CITY MUNICIPAL COUNCILGADAG-
BETAGERI STATION ROAD, GANDHI CIRCLE, GADAG-582102
5. THE ASSISTANT COMMISSIONER GADAG CUM ELECTION OFFICER, GADAG -BETAGERI CITY MUNICIPAL COUNCIL GADAG-582102 …. RESPONDENTS
6. KRISHNA S/O PARASAPPA PARAPUR AGE: 57 YEARS, OCC: AGRICULTURE R/O NO. 3982/1, PLOT NO.100,101, D.C.MILL ROAD, TALGAERI ONI, GADAG-582101 HC-KAR … IMPLEADING RESPONDENT (BY SRI. K. SHASHI KIRAN SHETTY., A.G. A/W SRI. GANDADHAR. J.M., AAG FOR R1 TO R3 & R5;
SRI. HARISH DESAI., ADVOCATE FOR R4;
SRI. K.L. PATIL & SRI. S.S. BETUMATH., ADVOCATE FOR IMPLEADING FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 27.02.2025 BEARING NO.PRA.AA.BE:K.M.C/53/2024-25-E.NO:262750 PASSED BY THE 3RD RESPONDENT-REGIONAL COMMISSIONER (PRODUCED AS ANNEXURE-A) AND ETC.
IN W.P.NO.105810/2025 BETWEEN
1. CHANDRASHEKHAR S/O BASAVARAJ TADSAD AGE 52 YEARS, OCC. MEMBER R/O BASAVESHWAR NAGAR, GADAG
2. VINAYAK S/O SHIVAPPA MANVI AGE 65 YEARS, OCC. MEMBER R/O VEERANARAYAN TEMPLE ROAD, GADAG
3. PRAKASH ANGADI AGE 53 YEARS, OCC. MEMBER R/O SHIDDARAMESHWAR NAGAR, GADAG
4. RAGHAVENDRA YELAVATI AGE 38 YEARS, OCC. MEMBER R/O KANAGINAHAL ROAD, BETAGERI ...PETITIONERS (BY SRI. K.N. PHANINDRA SR. ADVOCATE FOR SRI. MRUTYUNJAYA S. HALLIKERI., ADVOCATE)
AND
1. THE STATE OF KARNATAKA DEPT. OF URBAN DEVELOPMENT, HC-KAR GADAG-582101.
2. THE UNDER SECRETARY TO THE GOVT.
DEPT. OF URBAN DEVELOPMENT M.S.BUILDING, BANGALORE-560008
3. THE DEPUTY COMMISSIONER GADAG DIST. GADAG-582101
4. THE MUNCIPAL COUNCIL OF GADAG-BETAGERI DIST. GADAG BY ITS COMMISSIONER …. RESPONDENTS (BY SRI. K. SHASHI KIRAN SHETTY., A.G. A/W SRI. GANDADHAR. J.M., AAG FOR R1 TO R3;
SRI. HARISH DESAI., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING ISSUE A WRIT / ORDER / DIRECTION IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED NOTIFICATION BEARING NO. NA A E 48 MLR 2023 DATED 29.07.2024 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-D., IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS AND HAVING BEEN RESERVED FOR ORDERS ON 14.10.2025, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
CORAM: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ HC-KAR
CAV ORDER
(PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. The Petitioners in WP No.101601/2025 are before this court seeking for the following reliefs:
a) Issue a writ of Certiorari quashing the impugned order dated 27.02.2025 bearing No. Pra.Aa.Be:K.M.C/53/2024-25/E.No:262750 passed by the R3-Regional Commissioner (produced as Annexure-A) and/or b) Issue such other writ, orders or directions as deemed fit in the circumstances of the case, in the interest of justice and equity.
2. The Petitioners in WP No.105810/2025 are before this court seeking for the following reliefs: