- 1 - NC: 2025:KHC:4386 WP No. 34323 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 34323 OF 2017 (GM-PP) BETWEEN: 1. SRI VENKATESH PAI S/O LATE PANDURANGA PAI, AGED ABOUT 75 YEARS, R/A WEST BLOCK ROAD, KUNDAPURA, UDUPI DISTRICT. 2. SRI ANAND KARANTH S/O LATE NARASIMHA KARANTH, PROPRIETOR, NEW COURT RESTAURANT, NEAR COURT COMPLEX, KUNDAPURA -576 201. UDUPI DISTRICT. 3. SRI. RAJESH KARANTH S/O LATE NARASIMHA KARANTH, AGED ABOUT 46 YEARS, NEW COURT RESTAURANT, NEAR COURT COMPLEX, KUNDAPURA-576 201. UDUPI DISTRICT. …PETITIONERS (BY SRI. ASHOK HARANAHALLI., SENIOR ADVOCATE FOR SRI. VINAYAKA.B., ADVOCATE) AND: THE ASSISTANT EXECUTIVE ENGINEER, SUB-DIVISION NO.2, PUBLIC WORKS DEPARTMENT, N.H.17, GANDHI MAIDAN, Digitally signed by THEJASKUMAR N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4386 WP No. 34323 of 2017 KUNDAPURA-576 201. UDUPI DISTRICT. …RESPONDENT (BY SRI. MAHANTESH SHETTAR., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Ashok Haranahalli., Senior counsel on behalf of Sri.Vinayaka.B., for the petitioners and Sri.Mahantesh Shettar., AGA for the respondent have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the order dated 28.04.2017 passed in M.A.No.08/2013 (Old No.01/2010) on the file of the Addl. District Judge, Udupi (sitting at Kundapura), Kundapura vide Annexure-A and to quash the order dated 24.11.2009 bearing £ÀA:¸À.PÁ.EA:¯ÉÆÃ.E:PÀÄA:DPÀæªÀÄt vÉgÀªÀÅ:PÉÆÃlÄð PÁåAnãï:2009-10/1036 passed by the second respondent - Authorized officer vide Annexure-B. - 3 - NC: 2025:KHC:4386 WP No. 34323 of 2017 3. Counsel for the respective parties have urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The Assistant Executive Engineer passed an order under Rule 4, Sub Rule 5 of Sub Rule (1) of the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 for removal of unauthorized encroachment on 06.09.2006. Against the said order, the petitioners preferred an appeal in M.A.No.05/2006 before the Court of District Judge, Udupi. The District Judge vide order dated 18.12.2006 remanded the matter to the Assistant Executive Engineer with a direction to follow the procedure as contemplated under law afresh, by issuing notice to the petitioners under Section 4(1) of the Act and then, fixing the date of inquiry giving an opportunity to the petitioners for their reply and produce documents and to lead evidence and after hearing the parties, dispose of the matter in accordance with the law. After the remand, the Assistant Executive Engineer passed an order on 24.11.2009. Aggrieved by the said order, the petitioners filed an appeal in M.A.No.01/2010 (New - 4 - NC: 2025:KHC:4386 WP No. 34323 of 2017 No.08/2013) before Addl. District Judge, Udupi. The District Judge vide order dated 28.04.2017 dismissed the appeal. 5. Sri.Ashok Haranahalli., Senior counsel for the petitioner in presenting his arguments submits that the order passed by the Assistant Executive Engineer is not in consonance with the order of remand. He argued by saying that the directions that were issued by the District Judge were not adhered to by the Assistant Executive Engineer. He vehemently contended that the Assistant Executive Engineer did not furnish the survey report to the petitioners and an opportunity was not accorded to lead evidence. Counsel therefore, submits that an appropriate order may be passed. 6. The order passed by Assistant Executive Engineer after the remand is furnished along with the Writ Petition and the same is marked as Annexure-B. A perusal of the same would reflect that the Assistant Executive Engineer has not adhered to the order passed by the District Judge. Except for saying that there is a survey report, nothing has been stated about giving an opportunity for the petitioners to lead evidence and furnishing the survey report to the petitioners. This is - 5 - NC: 2025:KHC:4386 WP No. 34323 of 2017 unsustainable in law. The Assistant Executive Engineer ought to have given sufficient opportunity for the petitioners to lead evidence by furnishing survey report. This has not been done so. The District Judge has overlooked these aspects of the matter and has erroneously dismissed the appeal. Hence, the matter requires a remand. For the reasons stated above, the orders passed by the District Judge and the Assistant Executive Engineer are liable to be set-aside and so, they are set-aside. 7. The Writ of Certiorari is ordered. The order dated 28.04.2017 passed in M.A.No.08/2013 (Old No.01/2010) on the file of the Addl. District Judge, Udupi (sitting at Kundapura), Kundapura vide Annexure-A and the order dated 24.11.2009 bearing £ÀA:¸À.PÁ.EA:¯ÉÆÃ.E:PÀÄA:DPÀæªÀÄt vÉgÀªÀÅ:PÉÆÃlÄð PÁåAnãï:2009- 10/1036 passed by the second respondent vide Annexure-B are quashed. Since the petitioners are represented by their counsel, they are hereby directed to appear before the Assistant Executive Engineer on 14.02.2025 without awaiting any further notice. The Assistant Executive Engineer is directed to furnish - 6 - NC: 2025:KHC:4386 WP No. 34323 of 2017 survey report to the petitioners and must adhere to the directions issued by the District Judge. 8. Resultantly, the Writ Petition is allowed and remanded. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 2 Sl No.: 29