Karnataka High Court
Ningappa Lakappa Ainapur vs The State Of Karnataka on 30 June, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:8211
WP No. 101285 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 30TH DAY OF JUNE 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 101285 OF 2025 (KLR-RES)
BETWEEN:
1. NINGAPPA LAKKAPPA AINAPUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. BALAWAD, TQ: ATHANI,
DIST: BELAGAVI-591 304.
2. SHRIRAM S/O. JNANESHWAR HUDED,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
3. SIDDAPPA S/O. RAYAPPA LANGOTI,
AGE: 62 YEARS, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
4. RAMESH S/O. DEVAPPA LANGOTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
VIJAYALAKSHMI
M KANKUPPI
5. DEVNDRA K. CHOUGALA,
AGE: MAJOR, OCC: AGRICULTURE,
Digitally signed by
VIJAYALAKSHMI M
KANKUPPI
Location: High Court of
Karnataka, Dharwad Bench
R/O. KATAGERI CROSS, ATHANI,
Date: 2025.07.16 14:35:11
+0530
TQ: ATHANI, DIST: BELAGAVI-591 304.
6. NAGAPPA S/O. RAYAPPA LANGOTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
7. VITHAL NINGAPPA LANGOTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
8. SMT. BHAGAWWA W/O. PARASAPPA KURI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
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NC: 2025:KHC-D:8211
WP No. 101285 of 2025
HC-KAR
TQ: ATHANI, DIST: BELAGAVI-591 304.
9. MARUTI S/O. PARASAPPA KURI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
10. MURAGESH S/O. DEVAPPA LANGOTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. BALAWAD, TQ: ATHANI,
DIST: BELAGAVI-591 304.
11. JATTEPPA S/O. NINGAPPA LANGOTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
12. SATAPPA AINAPUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
13. SMT. MAYAVVA NAGAPPA LANGOTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
14. SMT. LAYAWWA DEVENDRA CHOUGALA,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
15. SADASHIV LANGOTI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
16. R.D. HUDED,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
17. UDDAPPA MURIGEPPA MAKANI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
18. SMT. YALLAWWA W/O. DEVAPPA LANGOTI,
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NC: 2025:KHC-D:8211
WP No. 101285 of 2025
HC-KAR
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
19. GAJANAN S/O. JAKKAPPA AINAPUR,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
...PETITIONERS
(BY SRI. GIRISH YADAWAD AND
SRI. RAHUL S. KUNTOJI, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
M.S. BUILDING, BANAGALORE-01.
2. THE DEPUTY COMMISSIONER,
BELAGAVI DISTRICT, BELAGAVI,
DIST: BELAGAVI-590 001.
3. THE TAHASHILDAR,
MINI VIDHAN SOUDHA, ATHANI,
DIST: BELAGAVI-591 304.
4. ADITYA GUNDU MASHYAL,
AGE: MAJOR, OCC: BUSINESSMAN,
R/O. IB ROAD, VIKRAMPUR, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
5. SHIVAPPA KALLI,
AGE: MAJOR, OCC: AGRICULTURE,
R/O. KATAGERI CROSS, ATHANI,
TQ: ATHANI, DIST: BELAGAVI-591 304.
...RESPONDENTS
(BY SRI. M.M. KHANNUR, AGA FOR R1-R3;
SRI. V.S. TELI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO
CONSIDER THE REPRESENTATION DATED 21.10.2024 SUBMITTED
BY THE PETITIONERS VIDE ANNEXURE-C AND CONSEQUENTLY
DIRECTING HIM TO FACILITATE THE USAGE OF PATH WAY IN RS NO.
869, 882/1 AND 883/1 OF ATHANI VILLAGE IN ATHANI TALUKA OF
BELAGAVI DISTRICT BY PETITIONERS BY REMOVING THE
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NC: 2025:KHC-D:8211
WP No. 101285 of 2025
HC-KAR
OBSTRUCTION IN ACCORDANCE WITH NOTIFICATION DATED
20.10.2023 VIDE ANNEXURE-G, IN THE INTEREST OF JUSTICE AND
EQUITY AND ETC.
THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER
WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
1. Heard learned counsels Sri.Girish Yadwad and Sri.Rahul S.Kuntoji for the petitioners, learned AGA Sri.M.M.Khannur for respondent Nos.1 to 3 and the learned counsel Sri.V.S.Teli for the respondent No.4.
2. This petition is filed by the petitioners seeking a writ of mandamus for a direction to the respondent No.3 to consider the representation and consequently direct him to facilitate usage of pathway by removing obstructions.
3. The petitioners are the owners of different portions of land in R.S.Nos.868, 887, 889, 886, 884, 890 and 866 of Athani village of Athani taluk in Belagavi district. The respondent Nos.4 and 5 are owners of the lands in R.S.Nos.882/1, 883/1 and 869 of Athani village and their lands are situated adjacent to the lands of the petitioners towards eastern side.
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NC: 2025:KHC-D:8211 WP No. 101285 of 2025 HC-KAR
4. It is the contention of the petitioners that there a pathway measuring 12 feet running through the lands belonging to the respondent Nos.4 and 5 at the corner of their lands from North to South. The petitioners have been using the said pathway from time immemorial to reach their respective lands in the above mentioned survey numbers. The lands belonging to respondent Nos.4 and 5 is abutting the village road towards northern side and therefore this is the only pathway for the petitioners for usage to reach their lands.
5. This being the case, respondent No.4 who is the owner of the land bearing R.S.No.883 had recently purchased the land bearing R.S.No.882. The respondent No.4 converted his land for residential purpose and constructed a gutter/nala towards the eastern side upto the end of his land. The respondent No.5 who is the owner of Sy.No.869 had fenced his land with barbed wire. The pathway/road used by the petitioners is in the middle of the land belonging to the respondent Nos.4 and 5. Therefore the road used by the petitioners is obstructed by the respondent Nos.4 and 5. It is submitted that the respondents have -6- NC: 2025:KHC-D:8211 WP No. 101285 of 2025 HC-KAR recently started obstructing usage of the pathway by the petitioners by putting up gutter and fencing their lands by way of barbed wire.
6. The petitioners requested the respondents to permit the usage and enjoyment of the pathway as was done from time immemorial and since there was no alternative road available for them, so also for the reason that no hardship would be caused to the respondents, on the contrary if the petitioners were not provided access to the usage of the pathway as was done earlier, they would be put to serious hardship as the access would be cut off to approach their lands. The respondents did not agree and heeded to the request of the petitioners. In view of adamant nature of the respondent Nos.4 and 5, not permitting usage of pathway/road, the petitioners filed a representation dated 21.10.2024 to the respondent No.3 to remove the illegal blocking of their way by usage of pathway to reach their lands. On the basis of the representation so given, the respondent No.3 registered a case as No.LND/CR-279/24-25. Thereafter, respondent No.3 issued a letter to the revenue inspector to visit the spot and submit a report. Respondent -7- NC: 2025:KHC-D:8211 WP No. 101285 of 2025 HC-KAR No.3 in response had visited the spot and submitted a report stating that earlier there existed a pathway and that the land is adjacent to the main road i.e., Athani-Nandagav road. It is also reported that the pathway has been blocked by the owners of R.S.No.882, 883 and 869. On the basis of the report submitted by the revenue inspector, the Taluka Surveyor was directed to conduct survey and submit a report. The said Taluka Surveyor gave the report stating that the owner of R.S.No.869 i.e., the respondent No.5 has encroached 1 gunta of the land belonging to the Government.
7. This being the state of affairs, the State Government issued a Circular dated 20.10.2023 directing the Tahasildar in the State to remove any obstruction or blockage and facilitate usage of such roads/pathways by the persons who have been using such roads for ingress and egress to their agricultural lands. Despite these Guidelines and Circular, the same is not strictly followed. In fact the respondent No.3 has not considered the Circular issued by the State Government and has issued endorsement directing the petitioners to approach the Civil Court for claiming -8- NC: 2025:KHC-D:8211 WP No. 101285 of 2025 HC-KAR easementary right. Therefore the petitioners are before this Court questioning the same and for a direction to the respondent No.3 to remove the obstruction caused by private respondent Nos.4 and 5 to provide access to the usage of pathway to approach their lands.
8. Per contra, learned AGA representing the respondents-State and the learned counsel representing the private respondents sustain the endorsement issued by the 3rd respondent and contended that there is no illegality and perversity in the said endorsement issued by the respondent No.3 and consequently seek for dismissal of the petition.
9. I have heard the learned counsel for the petitioners and the learned counsel for the respondents.
10. Admittedly there is a report filed by the Revenue Inspector and so also by the Taluka Surveyor who has stated that there existed pathway/"ªÀ»ªÁlÄ gÀ¸ÉÛ" which was used by the agriculturist in the neighbouring lands used or ingress and egress to their property, so also the petitioners and their neighbouring land owners to reach their lands. This being the -9- NC: 2025:KHC-D:8211 WP No. 101285 of 2025 HC-KAR state of affairs, the report given and so also the State Government having issued Circular dated 20.10.2023 directing the Tahasildar in the State to take action to provide access to the roads and pathways existing in the private lands of the farmers, it becomes the duty of the respondent- Authorities to see that the farmers, agriculturists have access to usage of their lands and if there are any existing pathways and cart roads that were being used by private lands for further usage to the said farmers, agriculturist entering the lands or in reaching their lands. Under the circumstances, the existing pathway /"ªÀ»ªÁlÄ gÀ¸ÉÛ" as per the report furnished by the Revenue Inspector shall be permitted to be used by the petitioners for ingress and aggress to reach their lands which may not be possible for this Court to decide as to whether the said pathways or roads belong to either of the parties as it would be domain of the Civil Court to decide on the merits of the matter upon enquiry being conducted.
11. Nevertheless, since the Revenue Inspector's report suggests that there was a pathway, the same shall be
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NC: 2025:KHC-D:8211 WP No. 101285 of 2025 HC-KAR permitted to be used by the petitioners to reach their lands. Accordingly I pass the following:
ORDER i. This petition is allowed. ii. Writ of mandamus is issued directing respondent No.3 to forthwith facilitate the petitioners for usage of pathway / "ªÀ»ªÁlÄ gÀ¸ÉÛ"
to reach theirs lands as per the report of the revenue inspector vide their representation dated 21.10.2024, not later than two weeks from the date of receipt of copy of the order. iii. However, the petitioners are at liberty to approach the Civil Court, if they are not satisfied with the existing pathway, as per the Revenue Inspector's report to claim easementary right of way. iv. It is made clear that this Court has not expressed any opinion with respect to the easementary right.
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NC: 2025:KHC-D:8211 WP No. 101285 of 2025 HC-KAR v. Ordered accordingly.
Sd/-
(PRADEEP SINGH YERUR) JUDGE kgk CT-MCK