- 1 - HC-KAR NC: 2025:KHC:24594 WP No. 19711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19711 OF 2025 (LB-RES) BETWEEN: 1. SMT. SUNDARI W/O LATE KORAGAPPA GOWDA AGED ABOUT 69 YEARS R/AT KODAKAL OLAGUDDEPADE JODUSTHANA DHARMASTHALA VILLAGE AND POST BELTHANGADI TALUK DAKSHINA KANNADA DISTRICT PIN CODE. 574216. 2. SMT. GAYATHRI W/O RAVI GOWDA AGED ABOUT 42 YEARS R/AT GANESHA KRUPA HOUSE JODUSTHANA DHARMASTHALA VILLAGE AND POST BELTHANGADI TALUK DAKSHINA KANNADA DISTRICT PIN CODE. 574216. …PETITIONERS (BY SRI. ABHIJITH M.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, B.R. AMBEDKAR ROAD BANGALORE-560001 REPRESENTED BY ITS SECRETARY Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24594 WP No. 19711 of 2025 2. THE TAHSHILDAR BELTHANGADY TALUK BELTHANGADY, DAKSHINA KANNDA DISTRICT PINCODE-574214. 3. THE PANCHAYATH DEVELOPMENT OFFICER DHARMASTHALA GRAMAPANCHAYATH AND POST, BELTHANGADI TALUK BELTHANGADI, DAKSHINA KANNADA DISTRICT PINCODE-574214. …RESPONDENTS (BY SRI. BOPANNA .B, AGA FOR R1 AND R2; SRI. SHARANJITH SHETTY, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE GIVEN BY THE RESPONDENT NO. 2 AND 3 VIDE BEARING NO. N.C.R. 29/2023-24 DATED 17-01-2025 AND VIDE BEARING NO. GRAM.PAM/DHA/005/2024-25 DATED 03-04-2025 RESPECTIVELY AS PER ANNEXURE-G AND H AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioners are compelled to knock the doors of this Court assailing the impugned notice issued by respondent No.3/Grama Panchayath vide Annexure-H. 2. Petitioners on the basis of the grant orders at Annexures-A and C are asserting that they are in possession of - 3 - HC-KAR NC: 2025:KHC:24594 WP No. 19711 of 2025 0.5 cents each. Petitioners have approached this Court, assailing the notice issued by respondent No.3/Grama Panchayat, calling upon petitioners to furnish documents as there is allegation against petitioners that they have encroached the road and have constructed a compound. Petitioners claim that they are in possession of the proportionate extent of 0.5 cents each in terms of grant order. 3. Upon examination of the material on record, it is evident that the petitioners have approached this Court without first submitting their explanation or objections before the third respondent/Grama Panchayat. In the considered view of this Court, the petitioners ought to be relegated to appear before the third respondent, produce relevant grant orders, and demonstrate that the compound wall has not been constructed by encroaching upon a public road. Liberty is accordingly reserved to the petitioners to submit their detailed objections to the impugned notice. 4. In the event such objections are filed, the third respondent shall issue due notice to the petitioners, conduct a proper enquiry, and after affording them a reasonable - 4 - HC-KAR NC: 2025:KHC:24594 WP No. 19711 of 2025 opportunity of hearing, pass appropriate orders in accordance with law. During the course of such enquiry, it shall be open to the third respondent to cause a spot inspection and ascertain the boundaries of the property held by the petitioners. 5. It is needless to observe that until such time the objections filed by the petitioners are duly considered and appropriate orders are passed thereon, no precipitative action shall be initiated by the third respondent pursuant to the impugned notice. 6. With the above observation, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 3 Sl No.: 1