IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 12^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO.108599 OF 2025 (LB-RES)

BETWEEN:

DHARMAVEER S/O. SANNABASAPPA MARIBASAPPANAVAR, AGE. 52 YEARS, OCC. AGRICULTURE, R/O. MANGALORE VILLAGE, TQ. KUKANOOR, DISTRICT. KOPPAL-583231.

…PETITIONER (BY SRI. SANTOSH B.MALLIGAWAD, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY IT’S SECRETARY DEPARTMENT OF PUBLIC WORK. M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.

2. THE DEPUTY COMMISSIONER KOPPAL DISTRICT, KOPPAL-583232. 3. THE CHIEF EXECUTIVE OFFICER MANJANNA ZILLA PANCHAYAT, KOPPAL DISTRICT, E KOPPAL-583231.

D M i A g N ita JA lly N s N ig A n E ed by

4. THE ASSISTANT EXECUTIVE OFFICER Location: HIGH COURT OF KARNATAKA DHARWAD BENCH ZILLA PANCHAYAT, KOPPAL DISTRICT, Date: 2026.02.20 11:35:27 +0530 KOPPAL-583231.

5. THE EXECUTIVE OFFICER TALUK PANCHAYT KUKANOOR, KUKANOOR TALUK, KOPPAL DISTRICT-583231. 6. THE PANCHAYATH DEVELOPMENT OFFICER MANGALORE VILLAGE PANCHAYATH, TQ. KUKNUR, DIST. KOPPAL-583232.

…RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 AND R2;

SRI. BHUSHAN B.KULKARNI, ADVOCATE FOR R3 TO R6)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 02.09.2025 ISSUED BY RESPONDENT NO.6 VIDE ANNEXURE-G AND TO QUASH THE ENDORSEMENT BEARING NO.SAM.TA.PAM.KU/GRA.PAM/C.R-60(24-25)/2025-26/449 DATED 10.10.2025 ISSUED BY RESPONDENT NO.5 VIDE ANNEXURE-G1 AND ALSO TO DIRECT RESPONDENTS TO INITIATE ACQUISITION PROCEEDINGS AND PASS AN AWARD OF COMPENSATION IN TERMS OF JOINT SURVEY REPORT BEARING NO.YM/BHOOSANI YA/ITARE/E- 940110 DATED 16.12.2024 VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA

ORAL ORDER

1. The petitioner has called in question the endorsements dated 02.09.2025 and 10.10.2025 issued by respondent Nos.5 and 6 – authorities (Annexures-G and G1), whereby the respondents have denied the very fact of demolition of the petitioner’s house/shop, despite the Court-directed joint survey conclusively establishing such demolition, and have consequently refused to initiate acquisition proceedings or grant compensation for the property demolished for road widening.

2. Brief facts:

The petitioner claims to be the absolute owner in possession of a residential-cum-commercial house property bearing Mangalore Grama Panchayat No.449/1, which was purchased by his father under a registered sale deed dated 03.05.1967, and thereafter, the petitioner’s name has been duly entered and continued in the property records. The respondents issued a notice alleging encroachment to an extent of 2 feet for the purpose of road widening without conducting a proper survey. Aggrieved thereby, the petitioner approached this Court by filing W.P.No.106523 of 2023, wherein this Court, by order dated 03.07.2024 directed the respondents not to proceed with the road widening unless a proper survey was conducted and compensation was ensured. It is the case of the petitioner that the respondents conducted a faulty survey and proceeded to demolish a portion of the petitioner’s house/shop on 28.08.2024. The petitioner, therefore, again approached this Court by filing W.P.No.105669/2024, which was allowed by order dated 20.11.2024, directing a joint survey by the ADLR after due notice and reserving liberty to the petitioner to claim damages.

Pursuant thereto, a joint survey was conducted and a report was submitted (Annexure-F), which categorically establishes that (a) the total built-up area of the house tallies with the measurements mentioned in the title deed, and (b) an extent of 11-6/9 salagaja, approximately 105 sq. ft., of the petitioner’s house has been demolished. It is the case of the petitioner that, despite the joint survey report, the respondents issued the impugned endorsements dated 02.09.2025 and 10.10.2025, falsely s