- 1 - NC: 2025:KHC:11054 WP No. 7693 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 7693 OF 2025 (LB-RES) BETWEEN: 1. SMT. HOMBALAMMA W/O. LATE BASAVEGOWDA, AGED ABOUT 78 YEARS, 2. SRI. APPAJI S/O. LATE BASAVEGOWDA, AGED ABOUT 53 YEARS, BOTH ARE RESIDING AT KODAGAHALLI VILLAGE, MUTHEGERE POST, BASARALU HOBLI, MANDYA TALUK, MANDYA DISTRICT - 571 416 …PETITIONERS (BY SRI. HARSHA KUMAR GOWDA H.R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ, M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. EXECUTIVE OFFICER AND COMPETENT AUTHORITY TALUK PANCHAYATH, MANDYA TALUK, MANDYA DISTRICT - 571 401 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11054 WP No. 7693 of 2025 3. PANCHAYATH DEVELOPMENT OFFICER BASARALU GRAMA PANCHAYATH, MANDYA TALUK, MANDYA DISTRICT - 571 416 4. SRI K C SHIVARAMU S/O LATE CHIKKE GOWDA, KODAGAHALLI, MANDYA TALUK MANDYA DISTRICT - 571416. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 SRI. B.J. SOMAYAJI, ADVOCATE FOR R2 AND R3 SRI. KEMPANNA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 13.02.2025 PASSED BY THE R-2 IN APPEAL NO. 19/2024-25 PRODUCED AT ANNEXURE-K, GRANT AN INTERIM ORDER TO STAY THE ORDER DATED 13.02.2025 PASSED BY THE R-2 IN APPEAL NO.19/2024-25 PRODUCED AT ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Perused the order challenged at Annexure-K. The said order has been passed under Rule 4 of the Karnataka Panchayat Raj (Removal of Obstructions and Encroachments) Rules, 2011 (for short 'the Rules'). As against such order, in terms of Rule 5, an appeal lies to the Chief Executive Officer, Zilla Panchayat. - 3 - NC: 2025:KHC:11054 WP No. 7693 of 2025 2. In light of the same, petitioner is relegated to avail of the substantive remedy available under Rule 5 of the Rules. In light of the nature of impugned order passed, the order at Annexure-K would be kept in abeyance for a period of 10 days. Needless to state that if no appeal is filed within a period of 10 days from the date of receipt of certified copy of this order, protection granted would stand vacated. The interim order would be extended till the appellate Authority considers and passes orders on the request for interim prayer, which is however, subject to appeal being filed within a period of 10 days as stated above. All contentions are kept open. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP