- 1 - NC: 2025:KHC:7189 WP No. 35809 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 35809 OF 2024 (LB-RES) BETWEEN: SRI NASARULLA SHARIEF S/O. LATE AHMAD SHARIEF AGED ABOUT 77 YEARS R/A. VENKATARAO COLONY, TUMAKURU-572 103 (SENIOR CITIZEN BENEFIT NOT CLAIMED). …PETITIONER (BY SRI. V B SIDDARAMAIAH, ADVOCATE) AND: 1. TUMAKURU MAHANAGARA PALIKE TOWN HALL CIRCLE, GANDHI NAGAR, B.H. ROAD, TUMAKURU - 572101 REP. BY ITS COMMISSIONER 2. THE ASSISTANT EXECUTIVE ENGINEER, TUMAKURU MAHANAGARA PALIKE TOWN HALL CIRCLE, GANDHI NAGAR, B.H. ROAD, TUMAKURU - 572101 3. SRI. JAKIR HUSSIN, FATHER NAME AND AGE NOT KNOWN TO PETITIONER, R/AT 2ND CROSS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7189 WP No. 35809 of 2024 VENKATARAO COLONY, KOTITHOPU, TUMAKURU-572 103 …RESPONDENTS (BY SRI.SUBRAMANYA.R, ADVOCATE FOR R1 & 2; SRI.T.A.KARUMBAIAH, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE INTIMATION LETTER DTD 30.11.2024 ISSUED BY THE R-2 THE ASSISTANT EXECUTIVE ENGINEER, TUMAKURU MAHANAGARA PALIKE, TOWN HALL CIRCLE, B H ROAD, TUMAKURU, BEARING NO.vÀĪÀÄ¥Á/vÁA±Á/¹Dgï: 191/2024-25 VIDE ANNX-E. 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. The petitioner is challenging the intimation letter dated 30.11.2024, a copy of which is produced at Annexure-E. In this letter, it is stated that the petitioner has encroached upon the conservancy and the road, therefore, he is required to remove the encroachment. 2. During the course of hearing on 11.02.2025, an argument was advanced that respondent No.3 had also encroached upon the conservancy, but the - 3 - NC: 2025:KHC:7189 WP No. 35809 of 2024 learned counsel for respondent No.3 asserted that encroachment had been removed. 3. In the light of the said submission, the learned counsel for Tumakuru Mahanagara Palike was directed to instruct the Engineers to conduct an inspection and file a report to the Court as regards the encroachment made by both the petitioner as well as the respondent No.3 on the conservancy as well as on the road and clearly state the existing status. Photographs was also ordered to be furnished. 4. Pursuant to the said order, the Assistant Executive Engineer visited the spot and conducted the spot inspection. The AEE is also present before the Court. A sketch prepared by Assistant Executive Engineer and Junior Engineer is also produced, in which portions of encroachment by the petitioner as well as the respondent No.3 are clearly indicated. Since the report that is now furnished clearly indicate that - 4 - NC: 2025:KHC:7189 WP No. 35809 of 2024 conservancy has been encroached by the petitioner as well as respondent No.3, it would be appropriate to direct the respondent No.1/Tumakuru Mahanagara Palike to remove the encroachment that is indicated in the sketch dated 18.02.2025 expeditiously. 5. In the light of the fact that the encroachment is established, the question of entertaining the writ petition and quashing the impugned intimation letter would not arise. Accordingly, the following: ORDER i) Writ petition is disposed of. ii) Respondent No.1/Tumakuru Mahanagara Palike is directed to remove the encroachment within two months from the date of copy of this order. Sd/- (N S SANJAY GOWDA) JUDGE RR List No.: 1 Sl No.: 49