- 1 - HC-KAR NC: 2025:KHC:32603 WP No. 21927 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 21927 OF 2025 (LB-RES) BETWEEN: C RAMASWAMY S/O CHINNA BHOVI, AGED ABOUT 57 YEARS, R/AT TENDEKERE VILLAGE, K R PET TALUK, DISTRICT MANDYA …PETITIONER (BY SRI. HALLUR SHIVAYOGI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, M S BUILDING, DR AMBEDKAR VEEDHI, BENGALURU - 560 001. R/BY SECRETARY. 2. STATE OF KARNATAKA DEPARTMENT OF HOME, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. R/BY IT'S SECRETARY. 3. EXECUTIVE OFFICER ZILLA PANCHAYAT, K R PET, MANDYA DISTRICT - 571 426. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32603 WP No. 21927 of 2025 4. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA - 571 401. 5. EXECUTIVE OFFICER TALUK PANCHAYAT K R PET, MANDYA DISTRICT - 571 426. 6. THE P.D.O. TENDEKERE VILLAGE PANCHAYAT, K.R. PETE TALUK, MANDYA DISTRICT - 571 426. 7. THE D.I.G. SOUTH RANGE, NAZARBAD, MYSURU CITY, MYSURU - 570 001. 8. SUPERINTENDENT OF POLICE MANDYA - 571 401. 9. DEPUTY SUPERINTENDENT OF POLICE NAGAMANGALA, MANDYA DISTRICT - 571 432. 10. POLICE INSPECTOR RURAL POLICE STATION, K R PET - 571 426. …RESPONDENTS (BY SRI. H.K.KEMPEGOWDA, AGA FOR R - 1,2,4,7,8,9,10; SRI. M.S. DEVARAJU, ADVOCATE FOR R - 3,5,6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECT THE R6 HEREIN TO WITHDRAW THE FINAL NOTICE - 3 - HC-KAR NC: 2025:KHC:32603 WP No. 21927 of 2025 DATED 25.06.2025 AND 02.07.2025 MARKED AS ANNEXURE - AQ AND AR TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that he is the owner of the property, which is the subject matter of the writ petition and he has put up construction in accordance with law after obtaining all the necessary sanctioned plans. It is submitted that in spite of it, respondent Nos.3, 5 and 6 have illegally demolished a portion of his compound wall and are further threatening to demolish the remaining property and in this regard, the impugned notices dated 25.06.2025 and 02.07.2025 have been issued by respondent No.6 (vide Annexure-AQ and Annexure-AR) to the writ petition. On the said grounds, the following prayers are made in the writ petition: - 4 - HC-KAR NC: 2025:KHC:32603 WP No. 21927 of 2025 "1. Issue writ of mandamus directing the 6th respondent herein to withdraw the final notice dated 25.06.2025 and 02.07.2025 marked as Annexures-AQ & AR to the Writ petition; 2. Issue writ of mandamus directing respondents No.7 to 10 to take legal action in respect of the complaints lodged before them by the petitioner and his daughter which are marked as Annexures T, Y, Z, AK And AP to the Writ petition dt.29/2/24, 29/3/24, 2/12/24, 31.1.25 & 31.1.25 respectively. 3. Issue such other order or orders as this Hon'ble Court may deem fit in the circumstances of the case." 2. Per contra, the learned counsel appearing for respondent Nos.3, 5 and 6, upon instruction, submits that the impugned notices have been issued in accordance with law. It is submitted that the same has been issued because the petitioner has put up an illegal construction. However, he fairly submits that they have no objection for resurveying the property once again in the presence of the petitioner and thereafter take appropriate action in - 5 - HC-KAR NC: 2025:KHC:32603 WP No. 21927 of 2025 accordance with law. The petitioner is agreeable for the same. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby disposed of. ii. Respondent Nos.3, 5 and 6 shall survey the property of the petitioner on 10.09.2025 or such other date that is convenient to them, the petitioner shall be present on 10.09.2025 at his property without any further notice. If it is on any other date, respondent Nos.3, 5 and 6 shall intimate the petitioner about the survey and thereafter conduct a survey in his presence. Only thereafter respondent Nos.3, 5 and 6 shall initiate any action against the petitioner if the construction is in violation of the sanctioned plan or if it - 6 - HC-KAR NC: 2025:KHC:32603 WP No. 21927 of 2025 has been done by encroaching on public property. iii. The respondents shall not precipitate the matter against the petitioner till the necessary survey is done and a decision is taken in accordance with law. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 33