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2025 DAILYLAW 12907 (KAR)

SRI N NARASIMHAIAH v. THE PRINCIPAL SECRETARY

WP/9569/2015 · 2025-06-16

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20563 WP NO.9569 OF 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.9569 OF 2015 (KLR-RES) BETWEEN: SRI. N. NARASIMHAIAH S/O LATE K. NARASIMHAIAH, AGED ABOUT 72 YEARS, R/AT NO.42/49, 11TH MAIN, PADMANABHANAGAR, BENGALURU - 560 070. …PETITIONER (BY SRI. M. SHIVAPRAKASH, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTEMENT OF REVENUE, STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT, BENGALURU - 560 001. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH, KANDAYA BHAVAN, BENGALURU - 560 009. 3. THE TAHASILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVAN, BENGALURU - 560 009. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20563 WP NO.9569 OF 2015 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 23RD FEBRUARY, 2015 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-H, AND CONSEQUENTLY DIRECT THE RESPONDENTS 1 TO 4 NOT TO CAUSE ANY ACT OF INTERFERENCE WITH THE PETITIONER'S SCHEDULE PROPERTY IN WHATSOEVER MANNER; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the Notice dated 23rd February, 2015 (Annexure-H) issued by the respondent No.4; inter alia sought for direction to the respondents 1 to 4 for not to cause any act of interference in respect of the land in question. 2. Heard Sri. M. Shivaprakash, learned counsel appearing for the petitioner and Sri. Manjunath K., learned High Court Government Pleader appearing for respondents. 3. Having taken note of the submission made by learned counsel appearing for the parties and on perusal of the writ papers, I am of the considered opinion that, a fair opportunity be extended to the petitioner to file a reply/objections to the impugned notice. In that view of the - 3 - HC-KAR NC: 2025:KHC:20563 WP NO.9569 OF 2015 matter, without expressing any opinion on merits of the case, the petitioner is permitted to file a reply/objections to the Notice dated 23rd February, 2015 (Annexure-H) within a period of two weeks from the date of receipt of this order and the respondent No.4 shall consider the same within an outer limit of three months from the date of receipt of reply/objections that may be made by the petitioner in accordance with law. 4. It is made clear that, the respondent No.4 shall communicate the decision to be taken by the said authority to the petitioner, after due consideration of the reply/objections as directed above. It is also made clear that, till the consideration of reply/objections to be made by the petitioner, the respondent No.4 shall not take any coercive steps against the petitioners. With these observations, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 39