- 1 - HC-KAR NC: 2025:KHC-K:3209 WP No. 201992 of 2022 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201992 OF 2022 (LB-RES) BETWEEN: SALEEM S/O RAJESAB SAGAR, AGE: 62 YEARS, OCC: BUSINESS, R/O SAGAR BUILDING, BEHIND TOWN PALACE HOTEL, ATHANI ROAD, VIJAYAPURA-586 102. …PETITIONER (BY SRI. D. P. AMBEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, VIJAYAPURA-586 101. 3. THE COMMISSIONER, CITY MUNICIPAL CORPORATION, VIJAYAPURA-586 101. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1 & R2; SRI. AMRESH S. ROJA, ADVOCATE FOR R3) Digitally signed by LUCYGRACE Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3209 WP No. 201992 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING ANNEXURE-H, VIZ THE NOTICE DATED 29.07.2022 BEARING NO.MANAPAVI/LOVI/RASTE/2022-23/1728 ISSUED BY THE RESPONDENT NO.3 TO THE PETITIONER NO.1. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER (PER: HON'BLE MR. JUSTICE M.I.ARUN) The case of the petitioner is that, he is the owner of certain lands in Sy.No.750 (New No.750/1) of Mahalbagayath, Vijayapura and he has not encroached upon any public property. In spite of it, he has been issued the impugned notice by respondent No.3, wherein it is alleged that he has put up a compound wall encroaching upon road/gutter (public property) and if he fails to remove the same, it will be demolished. It is submitted that if an opportunity of hearing is given to the petitioner, he would show before the concerned authority that he has not encroached upon any public property as alleged. - 3 - HC-KAR NC: 2025:KHC-K:3209 WP No. 201992 of 2022 2. Perusal of the impugned notice would show that an opportunity of hearing has not been accorded to the petitioner. The lis involves disputed question of facts. Under the said circumstances, it will be appropriate, if petitioner is permitted to appear before respondent No.3 and show that he has not encroached upon any public property and thereafter direct respondent No.3 to initiate action in accordance with law. 3. Hence, the following order: i) Petitioner shall appear before respondent No.3 on 08.07.2025 at 11 a.m. ii) Respondent No. 3 after verifying all the relevant records and also after conducting physical inspection of the property, if required, take appropriate decision in accordance with law. iii) Till such a decision is taken by respondent No.3, upon hearing the petitioner, no - 4 - HC-KAR NC: 2025:KHC-K:3209 WP No. 201992 of 2022 precipitative action shall be initiated against the petitioner. iv) Writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE LG List No.: 1 Sl No.: 3