- 1 - HC-KAR NC: 2025:KHC-K:3142 WP No. 201844 of 2021 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.201844 OF 2021 (LB-RES) BETWEEN: 1. HANMANTA S/O DEVINDRAPPA, AGED ABOUT 66 YEARS, R/O: BUDDEKAL CHOWK, HATTI VILLAGE-584115, TQ. LINGASUGUR, DIST. RAICHUR. 2. SMT. YELLAMMA W/O ADIVEPPA, AGED ABOUT 50 YEARS, R/O. BUDDEKAL CHOWK, HATTI VILLAGE-584115, TQ. LINGASUGUR, DIST. RAICHUR. 3. SMT. GANGADEVI W/O HANAMANTA, AGED ABOUT 52 YEARS, R/O. BUDDEKAL CHOWK, HATTI VILLAGE-584115, TQ. LINGASUGUR, DIST. RAICHUR. 4. MALLAPPA S/O HANUMANTH, AGED ABOUT 54 YEARS, R/O. BUDDEKAL CHOWK, HATTI VILLAGE-584115, TQ. LINGASUGUR, DIST. RAICHUR. Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3142 WP No. 201844 of 2021 5. NINGAPPA S/O GANGAPPA, AGED ABOUT 65 YEARS, R/O. BUDDEKAL CHOWK, HATTI VILLAGE-584115, TQ. LINGASUGUR, DIST. RAICHUR. …PETITIONERS (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PUBLIC WORKS, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DC OFFICE, RAICHUR-584101. 3. THE ASSISTANT COMMISSIONER, AC OFFICE, LINGASUGUR, TQ. LINGASUGUR, DIST. RAICHUR. 4. THE TAHASILDAR TAHASILDAR OFFICE, LINGSUGUR, DIST. RAICHUR-584122. 5. CHIEF OFFICER HATTI TOWN PANCHAYAT, HATTI, TQ. LINGASUGUR, DIST. RAICHUR-584115. …RESPONDENTS (BY SRI. GOPALKRISHNA B. YADAV, HCGP FOR R1 TO R4; SRI. DEEPAK V. BARAD, ADVOCATE FOR R5) - 3 - HC-KAR NC: 2025:KHC-K:3142 WP No. 201844 of 2021 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 RESPONDENTS NOT TO DEMOLISH THE PROPERTY BEARING NO.3-19/1, MEASURING 30 X 45 FEET, BEARING NO.2-38/1 MEASURING 30 X 40 FEET, BEARING NO.2-87/A MEASURING 20 X 30 FEET, BEARING NO.2-53 MEASURING 50 X 40 FEET, BEARING NO.19 MEASURING 19 X 16 FEET, BELONGS TO THE PETITIONERS HEREIN RESPECTIVELY SITUATED AT HATTI VILLAGE, TALUKA OF LINGSUGUR, DISTRICT OF RAICHUR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, 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 petitioners is that they are the owners of certain properties in Hatti village, Taluk Lingasugur and they have constructed buildings on the said properties. It is submitted that respondent No.5 intends to demolish the same illegally without following due process. 2. Per contra, the counsel appearing for respondent No.5 upon instructions submits that public property/road has been encroached by certain persons in - 4 - HC-KAR NC: 2025:KHC-K:3142 WP No. 201844 of 2021 Hatti village and constructions have been put up and the same is sought to be cleared in accordance with law. For that reason, it is prayed that the writ petition be dismissed. 3. Admittedly, there is factual dispute as to whether the constructions have been put up by the petitioners which cannot be adjudicated upon by this Court in exercise of its power under Article 226 of Constitution of India. 4. In the circumstances, I am of the opinion, interest of justice would be met if an opportunity is granted to the petitioners to appear before the respondent No.5 and show that they have not encroached upon the public property/road as alleged by respondent No.5 and respondent No.5 be directed to consider the representation of the petitioners and after passing a speaking order, take appropriate steps in accordance with law. - 5 - HC-KAR NC: 2025:KHC-K:3142 WP No. 201844 of 2021 5. Hence, the following: ORDER Petitioners shall appear before respondent No.5 on 07.07.2025 at 11:00 AM with all necessary documents regarding their property. Respondent No.5 shall consider the representation of the petitioners in accordance with law and pass appropriate orders on the same and only thereafter proceed with removal of encroachment on public property, if any, in accordance with law pertaining to the properties of the petitioners. Till such order is passed on the representation of the petitioners, no coercive steps shall be initiated against the petitioners. Writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE VNR List No.: 1 Sl No.: 57 CT:SI