- 1 - NC: 2025:KHC:12684 WP No. 26996 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 26996 OF 2024 (LB-RES) BETWEEN: 1. SMT JAYAMMA AGED ABOUT 65 YEARS W/O LATE THAYAPPA 2. SMT ASHARANI AGED ABOUT 66 YEARS W/O LATE J P VENUGOPAL THE PETITIONERS ARE RESIDING AT THIRUMALASHETTIHALLI VILLAGE AND POST ANUGONDANAHALLI HOBLI - 560 067 HOSAKOTE TALUK BANGALORE RURAL DISTRICT (PETITIONERS ARE NOT CLAIMING BENEFIT OF SENIOR CITIZENSHIP AT PRESENT WRIT PETITION) … PETITIONERS (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY REVENUE DEPARTMENT VIDHANA SOUDHA M S BUILDING Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12684 WP No. 26996 of 2024 DR B R AMBEDKAR VEEDHI BENGALURU - 560 001 BY ITS SECRETARY 2. THE TAHSILDAR HOSAKOTE TALUK HOSAKOTE - 560 067 BANGALORE RURAL DISTRICT 3. THE EXECUTIVE OFFICER TALUK PANCHAYAT HOSAKOTE TALUK HOSAKOTE - 562 114 BENGALURU RURAL DISTRICT 4. THE PANCHAYAT DEVELOPMENT OFFICER SAMETHANAHALLI GRAM PANCHAYAT SAMETHANAHALLI HOSAKOTE - 560 067 BENGALURU RURAL DISTRICT … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI S. VIJAYA KUMAR, ADVOCATE FOR R3 & R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS ON THE FILE OF R-3 IN IMPUGNED ORDER DATED 20.09.2024 BEARING NO. NIL, PASSED BY THE R-3 AS FOUND AS ANNEXURE-A AND (A) QUASH THE IMPUGNED ORDER DATED 20.09.2024, BEARING NO. NIL, PASSED BY THE R-3 AS FOUND AT ANNEXURE-A AND CONSEQUENTLY TO DIRECT THE RESPONDENT NO.4 TO GRANT BUILDING CONSTRUCTION IN CONSIDERING THE REPRESENTATION AS FOUND AT ANNEXURE-G DATED 18.09.2024 TO THE E WRIT PETITION AND ETC. - 3 - NC: 2025:KHC:12684 WP No. 26996 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have called in question the correctness of the order at Annexure-A, passed by the respondent no.3 - Executive Officer, Taluk Panchayat, Hosakote. 2. In terms of the order at Annexure-A, the authority has observed that the petitioner has put up construction without obtaining license and that there were complaints that the petitioners have violated the terms of allotment, that the petitioners are using the allotted property for commercial purpose which is in violation of the conditions of allotment and accordingly subject to further orders to be passed, petitioners were directed to stop the construction. 3. Learned counsel for petitioners has raised various contentions controverting the observations made in the - 4 - NC: 2025:KHC:12684 WP No. 26996 of 2024 order at Annexure-A. However, it is noticed that the order at Annexure-A is an order subject to final orders to be passed in the proceedings. 4. Needless to state, the petitioners are at liberty to take note of the lapses pointed out and to either extend the same or rectify the same if such lapses are true and move the same authority to take note of the subsequent events and modify the order of restraint as is permissible in law. 5. Accordingly the petition is disposed off in terms of the above observations while making it clear that the observations at Annexure-A is to be treated to be prima-facie observations and subject to further orders to be passed by the third respondent. All other contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE NP