- 1 - HC-KAR NC: 2025:KHC-K:3723 WP No. 201827 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201827 OF 2025 (LB-RES) BETWEEN: SHANKAR RAO S/O BABASAHEB PATIL, AGED ABOUT 33 YEARS, OCC: PRIVATE SERVICE, R/O BUS STAND ROAD, AFZALPUR TQ. AFZALPUR, DIST. KALABURAGI-585301. …PETITIONER (BY SRI. SIDHAPURKAR RAGHAVENDRA SHAMSUNDAR RAO, SRI. SHAMSUNDAR RAO, & SRI. SUMAN S. SIDHAPURKAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHIEF SECRETARY, AMBEDKAR VEEDHI, BENGALURU–560001. 2. THE DEPUTY COMMISSIONER, KALABURAGI OFFICE OF THE DEPUTY COMMISSIONER, MAIN ROAD, KALABURAGI–585102. Digitally signed by SHIVALEELA DATTATRAYA UDAGI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3723 WP No. 201827 of 2025 3. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, AFZALPUR BAZAR ROAD, AFZALPUR-585301. …RESPONDENTS (BY SRI. SHESHADRI JAISHANKAR, AGA FOR R1 & R2; SRI. B. V. JALDE, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DEMOLISH THE SHEDS SITUATED IN PATTAN PANCHAYAT NO.4-4-66/1 AT AFZALPUR TOWN, TQ. AFZALPUR, DIST. KALABURAGI WITHOUT RE-COURSE TO LAW AS ANNEXURE-G REPRESENTATION RECEIVED DATED 25-06-2025, B) ISSUE ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTION DEEMED FIT AND NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE, INCLUDING AWARDING OF COSTS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-K:3723 WP No. 201827 of 2025 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, respondent No.3 has contemplated to remove encroachments on the road in the town of Afzalpur. In the process the petitioner is identified as having encroached a portion of the road and a notice has been issued to him dated 24.06.2021 asking him to submit all the relevant records pertaining to the area of encroachment alleged. 2. It is the case of the petitioner that, he has not encroached upon the road or any other government property and temporary shops have been put up on his personal property and he has got records to show the same. He apprehends that, in spite of him having the necessary records, the respondents are likely to demolish the sheds. Hence, the present writ petition is filed with a prayer to direct the respondents not to demolish the sheds - 4 - HC-KAR NC: 2025:KHC-K:3723 WP No. 201827 of 2025 put up by him on his property and consider his representation favourably. 3. Per contra, the respondents submit that, they are in the process of verifying the documents and only if it is found that the petitioner has encroached upon the public property, then only the property will be demolished by following due processes of law and not otherwise. 4. Their submission is placed on record. 5. For the aforementioned reasons, the writ petition is disposed of with a direction to respondent No.3 to consider the representation and the documents submitted by the petitioner and take action against him only in accordance with law and not otherwise. Sd/- (M.I.ARUN) JUDGE SDU LIST NO.: 1 SL NO.: 31 CT:SI