- 1 - NC: 2025:KHC:6744 WP No. 2145 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE N S SANJAY GOWDA WRIT PETITION NO.2145 OF 2025 (LB-RES) BETWEEN: SHRI G. CHANDRAHASA S/O LATE GIRIGOWDA, AGED ABOUT 60 YEARS, R/AT D-103, "SHRAVANTHI PARADISE", J.P. NAGARA, 6TH PHASE, KANAKAPURA ROAD, BENGALURU - 560 078. …PETITIONER (BY SRI. MADHAV BHALAJI KASHYAP, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, 3RD GATE, 3RD FLOOR, M S BUILDING, BENGALURU-560001 REPRESENTED BY ITS CHIEF SECRETARY. 2. HOSAHALLI GRAMA PANCHAYATH OFFICE SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 401. REPRESENTED BY SECRETARY. Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:6744 WP No. 2145 of 2025 3. THE PANCHAYATH DEVELOPMENT OFFICER (PDO) HOSAHALLI GRAMA PANCHAYATHI, SRIRANGAPATNA TALUK, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1; SRI. M.S. DEVARAJU, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 16.01.2025 BEARING NO.63/2024-25 ISSUED BY THE RESPONDENT NO.3 PRODUCED (VIDE ANNEXURE-A). THIS PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE N.S. SANJAY GOWDA ORAL ORDER 1. This Writ Petition is directed against the notice dated 16.01.2025 bearing No.63/2024-25 by which the petitioner has been informed that the licence granted to construct building has been withheld since the Panchayat has received a complaint from one Dada Pir Sab stating that the petitioner was constructing building in his land bearing Sy. No.144/2. - 3 - NC: 2025:KHC:6744 WP No. 2145 of 2025 2. The respondent Nos.2 and 3 have entered appearance and filed objections contending that there were documents indicating that the construction was in Sy.No.144/2 and reliance was sought to be placed on survey sketch prepared by the Survayor to contend that a portion of Sy.No.144/2 is being encroached. 3. I am of the view that the approach adopted by the Grama panchayat is wholly incorrect. If the Panchayat had received a complaint that the petitioner was constructing the structure on land which belonged to the complainant, the appropriate response of the Panchayat ought to have been to inform the complainant to approach the competent Civil Court in case his property is sought to be encroached. 4. On the basis of a complaint, obviously the Panchayat cannot determine whether there is encroachment or not, when the building licence was issued to the petitioner by the Panchayat on the premise that it belongs to him, and - 4 - NC: 2025:KHC:6744 WP No. 2145 of 2025 therefore, I am of the view that the impugned notice vide Annexure-A dated 16.01.2025 cannot be sustained and the same is accordingly, quashed. 5. The Panchayat shall inform the complainant that he ought to avail the appropriate remedy if his land has been encroached upon and that the Panchayat had granted licence to the petitioner on the basis of the documents submitted by the petitioner and on the basis of the inspection conducted by it. 6. The Writ Petition accordingly stands allowed. SD/- (N S SANJAY GOWDA) JUDGE sac List No.: 1 Sl No.: 52