- 1 - NC: 2025:KHC:9173 WP No. 45150 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 45150 OF 2017 (GM-RES) BETWEEN: 1. SMT. VINUTHA K S W/O H.C.SIDDARAJU, AGE: 48 YEARS , R/O HALLEGERE VILLAE, BSARALU HOBLI, CHANDAGALU TALUK, MANDYA DISTRICT-571446. 2. SRI H C SIDDARAJU S/O LATE CHIKKAMARIGOUDA, AGE:53 YEARS, R/O HALLEGERE VILLAGE, BASARALU HOBLI, CHANDAGALU TALUK, MANDYA DISTRICT-571446. …PETITIONERS (BY SRI. NANDISH PATIL.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, PORTS AND INLAND WATERS M.S.BUILDING, VIDHANA SOUDHA VEEDHI, BANGALORE-560001. 2. THE EXECUTIVE ENGINEER DEPARTMENT OF PUBLIC WORKS PORTS AND INLAND WATERS, KFP DIVISION, 2565, SRIRANGA NILAYA SIRA GATE, TUMKUR-572106. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9173 WP No. 45150 of 2017 3. THE CHIEF PROJECT OFFICER DEPARTMENT OF KARNATAKA, STATE HIGHWAYS IMPROVEMENTS PROJECT-II, K.R.CIRCLE BANGALORE-560001. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA., AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DTD. 06.03.2015 BEARING NO. KA.EM/KSHIP/TUMKUR/BUSVA/2014-15/983 VIDE ANNX-G ISSUED BY THE R-3.GRANT AN INTERIM ORDER TO STAY THE OPERATION AND EXECUTION OF THE NOTICE DTD. 06.03.2015 VIDE ANNX-G ISSUED BY THE R-3 AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioners are before this Court seeking for the following reliefs: i. To issue a writ of certiorari or any other writ to quash the impugned Notice dated 06.03.2015 bearing No. KA.EM/KSHIP/TUMKUR/BUSVA/2014- 15/983 vide Annexure-G issued by the R3 in the interest of justice and equity. ii. Pass any such other order or orders as deemed fit by this Hon’ble Court on the facts and circumstances of the case. 2. The petitioner has challenged the notice dated 6.3.2015 issued by Respondent No.3- the Chief - 3 - NC: 2025:KHC:9173 WP No. 45150 of 2017 Project Officer, State Highways Improvements Project-II alleging that the petitioner had encroached upon highway lands by putting up of a Bakery. 3. Subsequently, a memo has been filed by Respondent No.3 on 16.01.2025 after carrying out a survey on 13.01.2025 stating that there is no such encroachment and therefore no steps would be taken against the petitioner. The submission of learned counsel for Respondent No.3 is that the notice would be withdrawn, and no action should be taken against the petitioner. 4. Having heard the Learned counsel for respondent No.3, and having gone through the memo along with the document which has been filed, it is clearly and categorically established that the notice dated 6.3.2015 has been issued by Respondent No.3 to the petitioner without even carrying out a survey and without ascertaining the true status of the matter which was required to be so carried out by Respondent No.3 before issuing such a notice calling - 4 - NC: 2025:KHC:9173 WP No. 45150 of 2017 upon the petitioner to remove the so called encroachment by disrupting the Bakery put up by the petitioner. 5. The notice issued by Respondent No.3 has huge civil and financial consequences and as such Respondent No.3 ought to have been careful before issuing such a notice. Respondent No.3 ought to have verified the true facts and not verified it after the writ petition was filed before this Court. The action on part of Respondent No.3 has resulted in the filing of the above petition and the same being pending for the last eight years. 6. In that view of the matter, I pass the following; ORDER i. The writ petition is allowed. ii. A certiorari is issued, the notice dated 6.3.2015 bearing No. KA.EM/KSHIP/TUMKUR/ BUSVA/2014-15/983 at Annexure-G issued by Respondent No.3 is quashed. - 5 - NC: 2025:KHC:9173 WP No. 45150 of 2017 iii. The then Respondent No.3 who had issued Annexure-G is directed to make payment of cost of Rs.5,000/- payable to the Karnataka State Legal Services Authority within a period of 30 days from date of receipt of copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 80