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2025 DAILYLAW 21923 (KAR)

SMT N VARALAKSHMI v. THE STATE OF KARNATAKA

WP/9008/2022 · 2025-02-28

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:8817 WP No. 9008 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9008 OF 2022 (LB-UC) BETWEEN: 1. SMT N VARALAKSHMI W/O SRI SRIKANTANTACHARI, AGED ABOUT 41 YEARS. 2. SRI SRIKANTACHARI S/O KALACHARI, AGED ABOUT 46 YEARS, BOTH ARE R/AT KAMANAHALLI VILLAGE, BELLEKERE POST, KASABA HOBLI, K.R.PETE TALUK, MANDYA DISTRICT 571 426. …PETITIONERS (BY SRI. VIJAY SHETTY B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRICIPAL SECRETARY, RURAL DEVELOPMENT AND PANCHAYATHRAJ, M.S.BUILDING, 3RD FLOOR, 3RD GATE, BENGALURU-560 001. 2. THE CHIEF EXECUTIVE OFFICER TALUKPANCHANCHAYATH, K.R.PETE TALUK, MANDYA DISTRICT 571 426. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8817 WP No. 9008 of 2022 3. THE PANCHAYATH DEVELOPMENT OFFICER BALLEKERE VILLAGE PANCHAYAT, BALLEKERE, K.R.PETE TALUK, MANDYA DISTRICT 571 426. 4. THE REGISTRAR KARNATKAA LOKAYUKTHA, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. 5. SMT NAGAMANI D/O MUNIGOWDA, W/O SRI KRISHNEGOWDA, AGED ABOUT 51 YEARS, R/AT KAMANAHALLI VILLAGE, BELLEKERE POST, KASABA HOBLI, K.R.PETE TALUK, MANDYA DISTRICT 571 426. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1; SRI. B J SOMAYAJI, ADVOCATE FOR R2 & R3; SRI. VENKATESH S ARABATTI, ADVOCATE FOR R4; SRI. M S MANJANNA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SET ASIDE THE NOTICE ISSUED BY THE R-2 IN NO.THAPAMK:GRAPAM..:CR:03:2021-22 DATED 19.4.2022 VIDE ANENXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:8817 WP No. 9008 of 2022 ORAL ORDER 1. Learned counsel for the 2nd respondent has filed a memo dated 17.01.2025 which reads as under: “Petitioners have preferred this writ petition against the notice dated 19.4.2022 issued by the Executive Officer, Taluk Panchayath, K.R.Pete. Executive Officer in his notice dated 19.4.2022 informed the petitioners to remove the illegal compound constructed by them by including electric pole. Petitioners have removed the earlier compound wall and constructed another compound wall by excluding the electric pole. Hence this writ petition does not survive for consideration. The authorities will take separate steps to remove the encroachment on the public road. Wherefore the second respondent prays that this Honourable Court may be pleased to dismiss this Writ Petition as infructuous.” 2. Learned counsel for the petitioners submits that the writ petition may be disposed of in terms of said memo. - 4 - NC: 2025:KHC:8817 WP No. 9008 of 2022 3. Recording the said submission, writ petition is disposed of in terms of the memo. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 30