- 1 - NC: 2025:KHC:5714-DB WA No. 491 of 2022 C/W WP No. 10302 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 491 OF 2022 (KLR-RES) C/W WRIT PETITION NO. 10302 OF 2021 (KLR-RES) IN WA No. 491/2022: BETWEEN: SRI. LEELAKUMAR S/O N. BHEEMA RAO AGED ABOUT 65 YEARS R/AT. KARIGOWAD COLONY CKS SCHOOL ROAD HASSAN DISTRICT-573 201 …APPELLANT (BY SRI. SUSHAL TIWARI N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560 001 REP. BY SECRETARY 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201 3. THE ASSITANT COMMISSIONER HASSAN-573 201 Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:5714-DB WA No. 491 of 2022 C/W WP No. 10302 of 2021 4. TAHASILDAR HASSAN TALUK HASSAN DISTRICT-573 201 …RESPONDENTS (BY SRI. DEVARAJ C.H., GOVERNMENT ADVOCATE FOR RESPONDENTS) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO (a) SET ASIDE THE IMPUGNED ORDER DATED 21.04.2022 IN WP No.8044/2022 AND ETC. IN WP NO. 10302/2021: BETWEEN: SRI. LEELAKUMAR S/O N. BHEEMA RAO AGED ABOUT 65 YEARS R/AT. KARIGOWAD COLONY CKS SCHOOL ROAD HASSAN CITY AND DISTRICT-573 201 ...PETITIONER (BY SRI. SUSHAL TIWARI N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATH RAJ VIDHANASOUDHA, BENGALURU REP. BY ITS SECRETARY 2. TAHSILDAR HASSAN TALUK HASSAN DISTRICT - 3 - NC: 2025:KHC:5714-DB WA No. 491 of 2022 C/W WP No. 10302 of 2021 3. PANCHAYAT DEVELOPMENT OFFICER TEJUR GRAMA PANCHAYAT, TEJUR HASSAN TALUK AND DISTRICT ...RESPONDENTS (BY SRI. DEVARAJ C.H., GOVERNMENT ADVOCATE FOR RESPONDENTS) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (a) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER, QUASHING THE NOTICE DTATED 12.03.2021 ISSUED BY 3RD RESPONDENT BEARING No. ENCROACHMENT 79/2020-21, WHICH IS PRODUCED AT ANNEXURE-G AND ETC. THIS WRIT APPEAL AND PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) WA No.491/2022 is preferred against the judgment of the learned Single Judge dated 21.04.2022 in W.P.No.8044/2022. - 4 - NC: 2025:KHC:5714-DB WA No. 491 of 2022 C/W WP No. 10302 of 2021 2. Learned counsel for the appellant submits that the Show Cause Notice which was under challenge had been issued on the basis of the notice and the report of Lokayukta, which are produced as Annexure-K and Annexure-G respectively. It is the specific case of the appellant that Annexure-G was prepared without due notice to him and that the proceedings were being initiated and continued on the basis of the reports without any further site inspection being conducted. 3. W.P.No.10302/2021 has been filed challenging the notice dated 12.03.2021 issued by respondent No.3, which is produced as Annexure-G and the endorsement dated 18.05.2021, which is produced as Annexure-J. 4. Learned counsel for the petitioner submits that orders are to be passed taking note of the explanation offered by the petitioner at Annexure-H and after conduct of due inspection, with notice to him. - 5 - NC: 2025:KHC:5714-DB WA No. 491 of 2022 C/W WP No. 10302 of 2021 5. Having considered the contentions advanced and in view of the materials on record, we notice that Annexure-G report which was under challenge in W.P.No.8044/2022 was one prepared without notice to the petitioner and the inspection was not conducted in his presence. 6. In the above view of the matter, we are of the opinion that a joint inspection is to be conducted with notice to the petitioner as well before any further action can be taken in the matter. 7. In the above circumstances, we dispose of the writ petition as well as the writ appeal directing the respondents to conduct joint inspection with notice to the petitioner and to proceed further in the matter only on the basis of the joint inspection report duly served to the petitioner. The respondents shall take necessary action in accordance with law untrammeled by anything stated in Annexure-G report and on the basis of the findings in the joint inspection to be conducted as directed. - 6 - NC: 2025:KHC:5714-DB WA No. 491 of 2022 C/W WP No. 10302 of 2021 Annexure-J endorsement dated 18.05.2021 which is under challenge in W.P.No.10302/2021 shall stand set aside, awaiting further action in terms of the joint inspection report as directed. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE PN List No.: 1 Sl No.: 19