- 1 - NC: 2025:KHC-D:4449 WP No. 100772 of 2017 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. 100772 OF 2017 (LB-RES) BETWEEN: SRI. G.LAKSHAMANA S/O YALLAPPA, AGED ABOUT 55 YEARS, OCC: CONTRACTOR, R/O: BASAVESHWAR EXTENSION, HOSAPETE. … PETITIONER (BY SRI. DAYANAND M. BANDI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, REPRESENTED BY ITS SECRETARY, VIKAS SOUDHA, BENGALURU. 2. THE COMMISSIONER, HOSAPETE URBAN DEVELOPMENT AUTHORITY, ISR ROAD, HOSAPETE, DISTRICT-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:4449 WP No. 100772 of 2017 ORAL ORDER Sri.Dayanand M.Bandi., counsel for the petitioner, Smt.Mala B.Bhute., AGA for respondent No.1 and Sri.G.I.Gachhinamath counsel 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 22.05.2015 vide Annexure- B, the notice dated 28.07.2015 vide Annexure-C and Notice dated 04.08.2016 vide Annexure-D issued by respondent No.2. 3. The short facts are these: The petitioner - G.Lakshmanna purchased the residential house in E-Auction conducted by the State Bank of India, Ballari for a valuable sale consideration of Rs.1,48,100/-. The residential house is surrounded with the compound wall. The petitioner has not changed the nature of the property. It is stated that the petitioner’s schedule property comes within the jurisdiction of Hosapete Municipal Council. The second respondent - Hosapete Urban Development Authority, illegally and without jurisdiction issued three notices, in the nature of - 3 - NC: 2025:KHC-D:4449 WP No. 100772 of 2017 final notices to demolish the compound wall without issuing any show cause notices to the petitioner. The petitioner contends that in the notices, it is not mentioned as to what extent is to be demolished. Hence, under these circumstances, the petitioner has filed the captioned writ petition. 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 notices are issued to the petitioner and in the said notices, the survey number has been clearly mentioned and he justified the issuance of notices. Counsel therefore, submits an appropriate order may be passed. 6. Heard the arguments and perused the Writ papers with almost care. 7. The notices that are issued to the petitioner are furnished along with the writ petition and the same are marked as Annexures-B, C and D. They are dated 22.05.2015, 28.07.2015 and 04.08.2016. They are in the form of a final - 4 - NC: 2025:KHC-D:4449 WP No. 100772 of 2017 notices and they have been communicated to the petitioner. A careful perusal of the same would reflect that the notices have been issued by the Commissioner, Hosapete Urban Development Authority. There is no clarity in the notices. Furthermore, the second respondent is only a Planning Authority, and cannot issue notices for demolition of the 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 notices. Hence, this Court deems it proper to quash the notices. 8. The Writ of Certiorari is ordered. The notice dated 22.05.2015 vide Annexure-B, the notice dated 28.07.2015 vide Annexure-C and the notice dated 04.08.2016 vide Annexure-D issued by respondent No.2 are 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