- 1 - NC: 2025:KHC-D:4448 WP No. 107085 of 2016 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 107085 OF 2016 (LB-RES) BETWEEN: M.V. GOVINDARAJU S/O LATE M.V. MALLESHAPPA, AGE: 56 YEARS, OCC: BUSINESS, R/O: BASAVESHWAR NAGAR, HOSAPETE, DIST: BALLARI. … PETITIONER (BY SRI. S.S. BETURMATH AND SRI. K.L. PATIL, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS UNDER SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BENGALURU-560 001. 2. THE COMMISSIONER, HOSAPETE URBAN DEVELOPMENT AUTHORITY, HOSAPETE, DIST: BALLARI. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1; SRI. G.I. GACHHINAMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR HEARING- INTERLOCUTORY APPLICATION, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4448 WP No. 107085 of 2016 ORAL ORDER Sri.S.S.Beturmath and Sri.K.L.Patil., counsel for the petitioner, Smt.Mala B.Bhute., AGA for respondent No.1 and Sri.G.I.Gachhinamath., counsel on for respondent No.2 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the notice dated 04.08.2016 vide Annexure- F issued by respondent No.2. 3. The short facts are these: The petitioner - M.V.Govindaraju is the owner of the property bearing Door No.143/A Assessment No.150/A situated in Old City Municipal 3rd Ward, new 16th Ward of Indiranagar area within the limits of Hosapete Town. The petitioner contends that he is in peaceful possession and enjoyment of the property. However, the Commissioner, Hosapete Urban Development Authority, illegally and without jurisdiction has issued notice, in the nature of final notice to demolish the building of the petitioner without issuing the show cause notice to the petitioner. Under these circumstances, the petitioner has filed the captioned writ petition. - 3 - NC: 2025:KHC-D:4448 WP No. 107085 of 2016 4. Counsel for the respective parties urged several contentions. 5. Counsel appearing for respondent No.2 submits that the layout has not been handed over to the City Municipal Council, Hosapete till date. He argued by saying that the notice is issued to the petitioner and in the said notice, the survey number has been clearly mentioned and he justified the issuance of notice. Counsel therefore, submits an appropriate order may be passed. 6. Heard the arguments and perused the Writ papers with almost care. 7. The notice is issued to the petitioner is furnished along with the writ petition and the same is marked as Annexure-F. It is dated 04.08.2016. It is in the form of a final notice and it has been communicated to the petitioner. A careful perusal of the same would reflect that the notice has been issued by the Commissioner, Hosapete Urban Development Authority. There is no clarity in the notice. Furthermore, the second respondent is only a Planning Authority, and cannot issue notice for demolition of the - 4 - NC: 2025:KHC-D:4448 WP No. 107085 of 2016 properties. Moreover, the property comes within the jurisdiction of the Hosapete Municipal Council. In my view, respondent No.2 has no authority to issue the notice. Hence, this Court deems it proper to quash the notice. 8. The Writ of Certiorari is ordered. The notice dated 04.08.2016 vide Annexure-F issued by respondent No.2 is quashed. Because of disposal of the Writ Petition, all pending interlocutory applications, if any are disposed of and the interim order if any granted by this Court stands discharged. Sd/- (JYOTI MULIMANI) JUDGE RH LIST NO.: 1 SL NO.: 44.1