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High Court of Karnataka · body

2025 DAILYLAW 38403 (KAR)

SIKANDAR S/O SIDDIKSAB v. THE SECRETARY,

WP/105020/2017 · 2025-10-28

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:14518 WP No. 105020 of 2017 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 105020 OF 2017 (LB-RES) BETWEEN: 1. SIKANDAR S/O SIDDIKSAB, AGE: 67 YEARS, OCC: BUSINESS, R/O: BASAVESHWARA BADAVANE, HOSPET, DIST: BALLARI. 2. SMT. BASANTIBAI W/O MANOHARLAL AGARWAL, AGE: 81 YEARS, OCC: HOUSEHOLD, R/O: MODI BANGLE HOUSE, HAMPI ROAD, HOSPET, DIST: BALLARI. 3. MOHAN K. S/O K. VENKATARAMANA SHETTY, AGE: 76 YEARS, 4. NANJAPPA K. S/O KATTA MOHAN, AGE: 49 YEARS, BOTH ARE BUSINESSMAN, R/O: MAIN BAZAR, HOSPET, DIST: BALLARI. 5. DAADAJI S/O SHIVAJIRAO, AGE: 38 YEARS, OCC: NIL, R/O: HAMPI ROAD, HOSPET, DIST: BALLARI. … PETITIONERS (BY SRI. CHETAN T. LIMBIKAI, ADVOCATE) AND: 1. THE SECRETARY, DEPARTMENT OF MUNICIPAL ADMINISTRATION, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14518 WP No. 105020 of 2017 GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, BENGALURU. 2. THE DEPUTY COMMISSIONER, BALLARI. 3. THE ASSISTANT COMMISSIONER, HOSPET, DIST: BALLARI. 4. THE COMMISSIONER CITY MUNICIPALITY, HOSPET, DIST: BALLARI. 5. THE SECRETARY, TOWN PLAN AUTHORITY, HOSPET, DIST: BALLARI. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 TO R3; SRI. SHIVARAJ S. BALLOLI, ADVOCATE FOR R4; NOTICE TO R5 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DEMOLISH THE PROPERTY BEARING DOOR NO.233 AND ASSESSMENT NO.235, DOOR NO.206 AND ASSESSMENT NO.208 PROPERTY BEARING DOOR NO.235 AND ASSESSMENT NO.237, PROPERLY BEARING DOOR NO.241 AND ASSESSMENT NO.243, AND PETITIONER NO.2 IS THE EXCLUSIVE OWNER OF PROPERTY BEARING NO. DOOR NO.238 AND ASSESSMENT NO.240, PROPERTY BEARING DOOR NO.601 AND ASSESSMENT NO.677, BELONG TO THE PETITIONER NO.1 TO 5 RESPECTIVELY SITUATED AT HAMPI ROAD, IN HOSPET CITY OF BALLARI DISTRICT. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14518 WP No. 105020 of 2017 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners to restrain the respondents from dispossessing/demolishing the petitioners’ structure without a due process of law. 2. Learned counsel for respondent No.4 submits that any act of demolition/dispossession will be in accordance with law. 3. It is further submitted that before taking any action against the petitioners, due show-cause notice will be issued to the petitioners, and due process of law will be followed. 4. The submission is placed on record. 5. Since it is submitted that any action to be taken by respondent No.4 against the petitioners in respect of the petitioners’ property, is only through due process of law, the petition need not be considered further. - 4 - HC-KAR NC: 2025:KHC-D:14518 WP No. 105020 of 2017 6. The writ petition is disposed of with the aforementioned observations. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 66