- 1 - NC: 2025:KHC:6693 WP No. 33056 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33056 OF 2024 (LB-RES) BETWEEN: 1. SRI D CHIKKIRAIAH, S/O LATE DEVAIAH AGED ABOUT 75 YEARS, R/AT CHITTENAHALLI VILLAGE, KANDEGALA POST PERIYAPATNA TALUK MYSORE DISTRICT-571107 …PETITIONER (BY SRI. BHASKARA M., ADVOCATE) AND: 1. EXECUTIVE OFFICER TALUIK PANCHAYATH PERIYAPATNA TALUK MYSORE DISTRICT-571107 2. PANCHAYATH DEVELOPMENT OFFICER CHITTENAHALLI GRAMA PANCHAYATH CHITTENAHALLI KONDEGALA POST PERIYAPATNA TALUK MYSORE DISTRICT-571107 3. SRI H T SURESHA, S/O LATE H C THAMMAIAH AGED ABOUT 60 YEARS CHITTENAHALLI VILLAGE KONDEGALA POST PERIYAPATNA TALUK, MYSORE DISTRICT-571107 …RESPONDENTS (BY SRI. CHANDRAKANTH.R.GOULAY., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6693 WP No. 33056 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.06.2024 PASSED BY THE 1ST RESPONDENT IN VP (OTTUVARI) 1/2023 AT ANNEXURE-J, 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. It is noticed that the impugned order is passed under the provisions of the Karnataka Panchayat Raj (Removal of Obstructions and Encroachments) Rules, 2011. Rule 5 of said Rules provides for an appeal to the Chief Executive Officer of the respective Zilla Panchayat within 30 days. 2. In light of above, in my view, it would not be appropriate to entertain the writ petition and the petitioner would have to be relegated to the Appellate Authority provided under the said Rules. 3. The petitioner is permitted to prefer an appeal within a period of three weeks from today and seek for appropriate interim order. If an application is filed by - 3 - NC: 2025:KHC:6693 WP No. 33056 of 2024 the petitioner for an interim order, the same shall be considered by the Appellate Authority and he shall pass appropriate orders on the same. 4. The writ petition is accordingly dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 40