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2025 DAILYLAW 23239 (KAR)

SRI. BAJARANGI SEVA TRUST (R) v. STATE OF KARNATAKA

WP/10389/2025 · 2025-04-07

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:14731 WP No. 10389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10389 OF 2025 (KLR-RES) BETWEEN: 1. SRI. BAJARANGI SEVA TRUST (R) A REGISTERED TRUST REGISTERED UNDER THE INDIAN TRUST ACT, 1881, HAVING ITS OFFICE AT YADIYUR GRAMA, YADIYUR HOBLI, KUNLIGAL TALUK- 572142 REPRESENTED BY ITS PRESIDENT, RAJU PATIL J …PETITIONER (BY SRI. NISHAN G K.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY TO DEPARTMENT OF REVENUE, MS BUILDING, VIDHANA VEEDI, BANGALORE-560040 2. DEPUTY COMMISSIONER, DC OFFICE, MINI VIDHAN SOUDHA, TUMAKURU-572101 3. ASSISTANT COMMISSIONER, TUMAKURU, ASSISTANT COMMISSIONER (REVENUE), TUMAKURU SUB DIVISION MINI VIDHAN SOUDHA, TUMAKURU-572101 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14731 WP No. 10389 of 2025 4. TAHASILDHAR, OFFICE OF TAHASILDHAR, KUNIGAL TALUK, TUMAKURU-572130 5. REVENUE INSPECTOR, TUMAKURU SUB DIVISION MINI VIDHAN SOUDHA, TUMAKURU-572101 6. PANCHAYATH DEVELOPMENT OFFICER (PDO) OFFICE OF GRAM PANCHAYATH, YADIYUR, TUMAKURU-572101 …RESPONDENTS (BY SRI.K.MANJUNATH., HCGP FOR R-1 TO R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE 03.04.2025 ISSUED BY TAHASLIDHAR, KUNIGAL TALUK BEARING NO. NCRCR/1139/2024-25 AND DIRECT THE RESPONDENTS NOT TO INTERFERE WITH THE PEACEFUL POSSESSION AND ENJOYMENT OF THE SRI. ABHAYA ANJINAYA TEMPLE, YADIYUR, TUMKUR AND PETITIONERS SCHEDULE PROPERTY (ANNX-M), ETC. 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. The petitioner is aggrieved by a notice dated 03.04.2025, whereby the petitioner has been called upon to remove the shed and the structure that he has erected on the Government land on or before - 3 - NC: 2025:KHC:14731 WP No. 10389 of 2025 04.04.2025, failing which the action would be taken to demolish the same. 2. In my view, since the impugned notice was not preceded by a show-cause notice or was an enquiry conducted, it would be appropriate to read the impugned order as a show-cause notice and permit the petitioner to file objections to the said show- cause notice within a period of two weeks from today. 3. On such objections being filed, the Thasildar shall consider the same, hear the petitioner and then pass an appropriate order. This Writ Petition is, accordingly, disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 60