Karnataka High Court
WP/5930/2026 of SRI YAMANAPPA SATHYAPPA BANDIVADDARA Vs STATE OF KARNATAKA on 21 July 2026
CNR: KAHC010132242026 NC: 2026:KHC:37310-DB WP No. 5930 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.5930 OF 2026 (GM-RES-PIL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.5930 OF 2026 (GM-RES-PIL)
BETWEEN:
1.
SRI YAMANAPPA SATHYAPPA BANDIVADDARA
S/O LATE SATHYAPPA BANDIVADDARA,
AGED ABOUT 60 YEARS,
RESIDING AT WARD NO.13,
NEAR INSPECTION BUNGLAW (IB),
AMINGAD TOWN, HUNAGUND TALUK,
DISTRICT BAGALKOT.
PIN: 587112.
2.
SRI. BABU MANSUR SAB CHABBI,
S/O SRI. MANSUR SAB CHABBI,
AGED ABOUT 41 YEARS,
RESIDING AT WARD NO.1,
AMINGAD TOWN, HUNAGUND TALUK,
DISTRICT BAGALKOT.
PIN: 587112.
3.
SRI. YAMANAPPA HANUMAPPA KATTI,
S/O LATE HANUMAPPA KATTI,
AGED ABOUT 40 YEARS,
RESIDING AT WARD NO.4,
AMINGAD TOWN, HUNAGUND TALUK,
DISTRICT BAGALKOT.
PIN: 587112.
…PETITIONERS
(BY SRI. M. ASWATHANARAYANA REDDY, ADVOCATE)
Digitally signed by
MAHALAKSHMI B M
Location: High Court
of Karnataka
HC-KAR
AND:
1.
STATE OF KARNATAKA,
DEPARTMENT OF LAND REVENUE,
REPRESENTED BY ITS SECRETARY,
M.S. BUILDING, VIDHANA SOUDA,
BENGALURU-560001.
2.
THE DISTRICT COLLECTOR,
BAGALKOT.
PIN: 587103.
3.
THE ASSISTANT DIRECTOR,
DEPARTMENT OF TOWN AND
COUNTRY PLANNING,
BAGALKOT.
PIN: 587118.
4.
THE CHIEF OFFICER,
OFFICE OF THE TOWN PANCHAYATH,
AMINAGAD.
PIN: 587112.
5.
THE DIRECTOR,
DEPARTMENT OF TOURISM,
NO.49, 2ND FLOOR, KHANIZA BHAVAN,
RACE COURSE ROAD,
BENGALURU-560001.
6.
THE DEPUTY DIRECTOR,
DEPARTMENT OF TOURISM,
BAGALKOT, NAVANAGARA,
BAGALKOT POST.
PIN: 587103.
7.
THE MUNICIPAL AUTHORITY,
TOWN PANCHAYATH OFFICE,
BAGALKOT DISTRICT.
REPRESENTED BY ITS CHIEF OFFICER.
8.
THE DEPUTY COMMISSIONER,
OFFICE OF THE DEPUTY COMMISSIONER,
HC-KAR
BAGALKOT, NAVANAGARA,
BAGALKOT POST.
PIN: 587103.
9.
THE DEPUTY COMMISSIONER OF EXCISE,
OFFICE OF THE BAGALKOT DISTRICT,
ABHAKARI BHAVANA,
SECTOR NO.7, NAVANAGARA,
BAGALKOT POST.
PIN: 587103.
10. SMT. ROOPA JAGADISH KOTIKAL,
W/O JAGADISH KOTIKAL,
M/S. HOTEL J.K. PALACE,
SY.NO.249/1B, #1, 2, 3
AND ALSO RESIDING AT WARD NO.14,
NEAR SHANKAR PUNYA ASHRAMA,
AMINAGAD TOWN, HUNGUND TALUK,
BAGALKOT DISTRICT.
PIN: 587112.
…RESPONDENTS
(BY
SMT.
NILOUFER
AKBAR,
ADDITIONAL
GOVERNMENT
ADVOCATE FOR R-1 TO R-3, R-5, R-6, R-8 & R-9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF
THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION)
RULES, 2018, PRAYING TO CALL FOR RECORDS AND ISSUE AN
APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE
RESPONDENT NOS.1 TO 9 TO REMOVE THE ENCROACHMENTS
AND
UNAUTHORISED
CONSTRUCTIONS
MADE
BY
THE
RESPONDENT NO.10 IN THE PLOT NOS.2 AND 3 IN R.S.NO.249/1B
OF
AMINAGAD TOWN,
HUNGUND TALUK
AND
BAGALKOT
DISTRICT
VIDE
ANNEXURE-W
AND
GRANT
SUCH
OTHER
RELIEF/S, INCLUDING THE COSTS OF THE ABOVE LITIGATION, IN
RENDERING JUSTICE, EQUITY AND GOOD CONSCIENCE.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioners have filed the present petition as a public interest litigation, inter alia, praying that directions be issued to respondent Nos.1 to 9 to remove encroachment and unauthorised constructions allegedly made by respondent No.10 in Plot Nos.2 and 3 in R.S. No.249/1B of Aminagad Town, Hungund Taluk, Bagalkot District.
2. The petitioners allege that a hotel has been constructed on portions of the land earmarked for a park and vehicle parking. The learned counsel for the petitioners contends that the layout has been sanctioned specifically stipulating that the areas in question are earmarked for the aforementioned public purposes. He submits that notwithstanding the above, respondent No.10 has illegally constructed and is operating a lodging house by name J.K. Palace -Lodging, Boarding and Restaurant.
3. We note that the petitioners have also made several authorities as respondents to the present petition, including the Excise Authorities and officials of the Tourism Department.
HC-KAR
However, the said respondents have no role to play in the removal of the alleged encroachment.
4. In view of the averments made in the present petition, we direct respondent Nos.3 and 4 to examine whether there has been any encroachment upon lands earmarked for public purposes, and if so, take appropriate action in accordance with law.
5. The petition is disposed of with the aforesaid observations.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 16