SRI GANAPATHI SHASTRI H N v. THE CHIEF EXECUTIVE OFFICER
WP/16744/2024 · 2025-01-23
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27377 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27377 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3028 WP No. 16744 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 16744 OF 2024 (LB-RES) BETWEEN:
1.
SRI GANAPATHI SHASTRI H N S/O NARASIMHA SHASTRI H.S.
AGED ABOUT 69 YEARS, R/AT HEDSE AGRAHARA LOKANATHAPURA POST, KOPPA TALUK - 577126 CHICKMAGALURU DISTRICT
(NOTE. AS AGE PROOF OF THE PETITIONER IS NOT AVAILABLE THE BENEFIT FOR SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. JAGADEESH D C., ADVOCATE)
AND:
1.
THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, CHICKAMAGALURU DISTRICT JYOTHINAGAR POST, CHICKMAGALURU – 577102
2.
THE EXECUTIVE OFFICER TALUK PANCHAYATH SAMITHI, KOPPA TALUK – 577126 CHICKMAGALURU DISTRICT.
3.
THE PANCHAYATH DEVELOPMENT OFFICER BHAVANAKOTE GRAMA PANCHAYATH, KOPPA TALUK – 577126, CHICKMAGALURU DIST. …RESPONDENTS (BY SRI. ASHOK.N.NAYAK., ADVOCATE FOR R-1 & R-2;
SRI. K.VIJAYA KUMAR., ADVOCATE FOR R-3)
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:3028 WP No. 16744 of 2024
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA., PRAYING TO QUASHING THE IMPUGNED NOTICE BEARING NO.TAPAMKO-4/OTTUVARI/CR- 1/2023-24, DATED 14/05/2024 VIDE ANNEXURE -B, IN SO FAR PETITIONER CONCERNED AS THE SAME IS ILLEGAL AND WITHOUT THE AUTHORITY OF LAW, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The petitioner has filed this petition challenging the notice dated 14.05.2024, in which, the petitioner has been called upon to file his objections, since it is noticed by the Chief Executive Officer of the Taluka Panchayat that the petitioner had encroached upon the property of the temple.
2. In my view, since the petitioner is only called upon to file his objections, the petition would be premature and therefore, the writ petition is dismissed.
3. However, the petitioner is permitted to file his objections to the impugned notice dated 14.05.2024 and if objections are filed by the petitioner, the Chief Executive
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NC: 2025:KHC:3028 WP No. 16744 of 2024
Officer, Taluka Panchayat shall pass orders in accordance with law, after hearing the petitioner.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 0