Petitioner sought mandamus restraining demolition of his building in Kadolkar Galli, Belagavi for road widening without acquisition. Respondents denied any threat; building remained intact. Court disposed of the petition, clarifying that no demolition or dispossession shall occur except by due process of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2026:KHC-D:197 WP No. 103254 of 2017
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 8TH DAY OF JANUARY 2026
BEFORE
THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
WRIT PETITION NO.103254 OF 2017 (LB-RES)
BETWEEN:
SHRI. ABHAY KRISHNARAO YALAGI AGE: 75 YEARS, OCC: BUSINESS, R/O. CTS NO. 1970, KADOLKAR GALLI, BELAGAVI-590 006.
…PETITIONER
(BY MISS. DHANASHREE PAWASHE, ADVOCATE FOR SRI. SHREEVATSA HEGDE, ADVOCATE)
AND:
CITY CORPORATION OF BELAGAVI, AND MEMBER DISTRICT LEVEL TASK FORCE, SUBHASH NAGAR, BELAGAVI-590 001.
MANJANNA
E
Digitally signed by MANJANNA E Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.14 10:53:19 +0530
NC: 2026:KHC-D:197 WP No. 103254 of 2017
HC-KAR
…RESPONDENTS
(BY SRI. BHUSHAN B.KULKARNI, ADVOCATE FOR R1; SRI. B.S.KAMATE, ADVOCATE FOR R2; SRI. M.A.HULYAL, ADVOCATE FOR R6; SRI. ASHOK T.KATTIMANI, AGA FOR R7; NOTICE TO R3 TO R5 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO DESIST FROM DEMOLISHING THE CONSTRUCTION, BUILDINGS OF THE PETITIONER SITUATED AT CTS.NO.1970/A, KADOLKAR GALLI, BELAGAVI AND DISPOSSESSING THE PETITIONER EXCEPT BY TAKING RECOURSE TO LAW BY ACQUIRING THE PROPERTY OF THE PETITIONER IN ACCORDANCE WITH LAW BY ACQUIRING THE PROPERTY OF THE PETITIONER IN ACCORDANCE WITH LAW AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA
NC: 2026:KHC-D:197 WP No. 103254 of 2017
HC-KAR
ORAL ORDER
The petitioner has approached this Court seeking a writ of mandamus to restrain the respondents from demolishing the structures standing on the petitioner's property bearing CTS No.1970/A, Kadolkar Galli, Belagavi and from dispossessing the petitioner except by taking recourse to law by acquisition in accordance with law.
The petitioner claims to be absolute owner in possession and enjoyment of the property situated at Kadolkar Galli Belagavi, where the commercial building of considerable age was standing. Apprehending imminent demolition and dispossession, the petitioner has approached this Court seeking protection. This Court on 18.04.2017, passed the following order:
“Learned counsel for the petitioner submits, petitioner is facing threat of dispossession from respondent No.1.
Learned counsel for the respondent No.1 submit, respondent No.1 is not demolishing the building belonging to the petitioner bearing CTS No.1970/A
NC: 2026:KHC-D:197 WP No. 103254 of 2017
HC-KAR
situated at Kadolkar Galli, Belagavi. His submission is placed on record.
Shri Bhushan B.Kulkarni, learned counsel, undertakes to file vakalat for respondent No.6 and is granted two weeks time to file vakalath and statement of objections.
Notice issued to other respondents are awaited. Hence, list after service of notice on all the respondent.”
NC: 2026:KHC-D:197 WP No. 103254 of 2017
HC-KAR
voluntarily surrendered portions of their land free of cost.
The respondents merely facilitated the removal of debris. The petitioner alone did not consent and therefore, his building has not been touched and remained intact. The road widening work has been completed and infrastructure has improved, traffic congestion has reduced and commercial value of the property has increased. It is stated that there has been no forcible dispossession or illegal demolition by the authorities.
NC: 2026:KHC-D:197 WP No. 103254 of 2017
HC-KAR
this writ petition. However, it is made clear that the respondents shall not demolish or dispossess the petitioner from the subject property except by following due process of law, if necessity arises in future.
“12. In the matters where the Regional Commissioner gives a finding that any portion of the private land is being used for the road-widening purpose, owners of such lands have to be compensated without any loss of time. The respondents shall have two options in the matter. They shall elect one of the two options indicated herein below:
(i) The Government of Karnataka shall immediately resort to the acquisition of lands under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation
NC: 2026:KHC-D:197 WP No. 103254 of 2017
HC-KAR
and Re-settlement Act, 2013. All the acquisition proceedings, including the passing of award and disbursement of the compensation, shall be completed within six months from the date of passing of the order by the Regional Commissioner holding that a particular private property is used up for and in the course of the road-widening.
(ii) If the above course is not resorted to by the Government of Karnataka for whatever reason, then the Regional Commissioner shall, within one month from the date of the time granted for complying with the above direction, pass an order determining the damages/compensation. If the quantification of the compensation-amount is not acceptable to any of the parties, they shall have the liberty of challenging the same before the competent civil court.
NC: 2026:KHC-D:197 WP No. 103254 of 2017
HC-KAR
respondent to proceed strictly by following the due process of law in accordance with law, the writ petition stands
disposed of.
Sd/JUSTICE K.S.HEMALEKHA
AM/Ct:VH List No.: 1 Sl No.: 26
1 issue framed by the court
Whether respondents could demolish or dispossess the petitioner from his property without acquisition or due process of law.
Colour shows how this judgement treated each authority
Shri Jayant S/o Amrutarao Hasbe and others vs The Commissioner, City Corporation of Belagavi and OthersReferred¶7
W.P.No.109711 of 2015
Shri Abhay Krishnarao Yalagi
The Commissioner, City Corporation of Belagavi
The HESCOM Ltd.
The State of Karnataka, Department of Municipal Administration and Urban Development
The Deputy Commissioner, Belagavi
The Commissioner of Police, City of Belagavi
K.S. Hemalekha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
