- 1 - HC-KAR NC: 2025:KHC-D:8794 WP No. 104650 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104650 OF 2025 (LB-UC) BETWEEN: HANUMANTAPPA S/O. LATE DODDATAYAPPA AMBIGER, AGE: 60 YEARS, OCC: RETIRED KSRTC EMPLOYEE, R/O. ANEGUNDI, TQ: GANGAVATHI, DIST: KOPPAL-583227. …PETITIONER (BY SRI. UMESH HAKKARAKI FOR SRI. M.V. HIREMATH, ADVOCATES) AND: 1. THE COMMISSIONER, HAMPI VISHWA PARAMPARE PRADESH NIRAVAHANA PRADHIKARA, KAMALAPUR, TQ: HOSAPETE, DIST: VIJAYANAGARA-583221. 2. THE TAHASILDAR, OFFICE OF TAHASILDAR, GANGAVATHI, DIST: KOPPAL-583227. 3. THE ASSISTANT EXECUTIVE ENGINEER, GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED, O & M SUB-DIVISION, GESCOM, GANGAVATHI-583227. 4. THE PANCHAYAT DEVELOPMENT OFFICER, GRAMPANCHAYATI ANEGUNDI, TQ: GANGAVATHI, DIST: KOPPAL-583227. …RESPONDENTS (BY SRI. PRASHANT F. GOUDAR, ADVOCATE FOR R1; SRI. S.V. MAGADUM, AGA FOR R2; NOTICE TO R3 & R4 DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: High Court of Karnataka, Dharwad Bench Date: 2025.07.16 14:42:32 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8794 WP No. 104650 of 2025 NATURE OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATION BEARING NO. HAVIPAPRANIPRA/KA/CCC- 126/2017/2024-25 DATED 11.07.2025 PASSING AUTHORITY RESPONDENT NO.1 IN SO FAR PETITIONER CONCERNED VIDE ANNEXURE A AND CONSEQUENTLY ENDORSEMENTS BEARING NO. GRA.PAM.AA/2025-26 DATED 30.05.2025 AND GRA.PAM.AA/2025-26 DATED 18.06.2025 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE B AND C RESPECTIVELY, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) It is the case of petitioner that he is the owner of the property bearing Sy.No.306 measuring 38 guntas situate at Anegundi village, Gangavathi taluk and it is the ancestral property. His name is entered in the concerned revenue records in the Gram Panchayat. It is his further case that, in order to utilize the said land for commercial purpose and to construct a building, sought permission from respondent No.4-Gram Panchayat, who in turn directed the petitioner to submit necessary documents. Respondent No.4 forwarded communication to respondent No.3-Assistant Executive Engineer to provide electricity supply, which was granted. The Revenue Authorities of - 3 - HC-KAR NC: 2025:KHC-D:8794 WP No. 104650 of 2025 the Survey Department conducted survey and prepared a report. Thereafter, the petitioner made an application to respondent No.1 for conversion of land. This being the state of affairs, respondent No.1 directed the respondents to take coercive steps for demolition of illegal constructions by impugned communication dated 11.07.2025. This notice is called in question by the petitioner on the ground that the notice is illegal, arbitrary and contrary to law as the petitioner has not been heard and due to inaction of respondents Nos.1 and 4, the petitioner is before this Court. 2. Learned counsel Sri Prashant F. Goudar, appearing for respondent No.1 contends that the matter pertains to the Hampi World Heritage Area Management Authority Act, 2002 (for short, the ‘HWHAMA Act’) coming under the Ancient Monuments and Archaeological Sites and Remains Act, 1958, and as per the judgment of Hon’ble Apex Court, dealing with these matters, specifically, a direction is issued to demolish and remove all illegal structures and - 4 - HC-KAR NC: 2025:KHC-D:8794 WP No. 104650 of 2025 constructions put up without permission coming under the jurisdiction of HWHAMA Act. Therefore, as there is a mandate from the Hon’ble Apex Court not to permit any illegal constructions and if any illegal constructions are put up within the restricted and prohibited area, same shall be demolished, accordingly, a notice is issued vide Annexure- A dated 11.07.2025. 3. Now the question arises as to whether the petitioner has put up any illegal construction contrary to the permission granted, if any, by the authorities including respondent No.2. Therefore, respondent shall call upon the petitioner to put forth the objections and clarify regarding illegal/unauthorized construction, if any. The petitioner is at liberty to place all such materials before respondent No.1 and produce all material, permission obtained to show that it does not fall within the HWHAMA Act. 5. Petitioner shall appear before the authority- respondent No.1 on 17.07.2025 at 11.00 a.m. without - 5 - HC-KAR NC: 2025:KHC-D:8794 WP No. 104650 of 2025 waiting for any notice. Till then, no coercive steps shall be taken by the respondents. 6. Respondent No.1 shall hear the petitioner and consider the documents if any produced providing suitable opportunity and pass orders in accordance with law by following the judgments of Hon’ble Apex Court in the case of Sakkubai Etc. Etc. vs. State of Karnataka and others, reported in AIR 2020 SCC 3417 and Rajendra Kumar Barjatya and Another vs. U.P.Avas EVAM Vikas Parishad and Others, Civil Appeal No.14604/2024 (arising out of SLP (C) No.36440/2014) 2024 INSC 990. With the above observation, petition is disposed of. Sd/- (PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK