- 1 - HC-KAR NC: 2025:KHC-D:13419 WP No. 104431 of 2022 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV WRIT PETITION NO. 104431 OF 2022 (GM-TEN) BETWEEN: SRI. D. NAGARAJ S/O D. SHEKAPPA AGE. 44 YEARS, OCC. FARMER, R/O. 25TH WARD, AMBANAGAR, SIRUGUPPA 583121, TQ. SIRUGUPPA, DIST. BALLARI. …PETITIONER (BY SRI. GANGADHAR J.M., ADVOCATE) AND: 1. DEPUTY COMMISSIONER, BALLARI 583101, BALLARI DISTRICT. 2. THE ASSISTANT COMMISSIONER, BALLARI 583101. BALLARI DISTRICT. 3. CITY MUNICIPALITY, SIRUGUPPA 583121, BALLARI. R/BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1 & R2; SRI. SHARANABASAVA, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE APPROPRIATE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED RECOVERY NOTICE BEARING NO.Ma.Sum/Lee.Laa.Vu/2016-17/195; VIDE ANNEXURE-G DATED 19/08/2022 & ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:13419 WP No. 104431 of 2022 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The petitioner has called in question the validity of the Recovery Notice at Annexure-‘G’ dated 19.08.2022. 2. It is the case of the petitioner that pursuant to Annexure-‘G’, precipitative steps have been taken for recovery of Rs.68,08,370/- and accordingly, various contentions have been raised. 3. Learned counsel appearing for respondent No.3 submits that Annexure-‘G’ is only a show cause notice and any action to be taken would only be after passing orders taking note of the reply and after hearing the petitioner. 4. Learned counsel for the petitioner submits that the representation at Annexure-‘E’ dated 20.09.2016 had already been made out and accordingly, the proceedings at Annexure-‘G’ ought to be closed. 5. Taking note that Annexure-‘G’ is only a show cause notice and the stand of respondent No.3 that action would be - 3 - HC-KAR NC: 2025:KHC-D:13419 WP No. 104431 of 2022 taken only after considering the reply and providing an opportunity of hearing to the petitioner, if sought for, the matter is disposed off in the following terms:- (i) The petitioner is at liberty to make out a reply to Annexure-‘G’ dated 19.08.2022 within a period of four weeks from today. (ii) Needless to state that the respondent No.3 after receiving the reply from the petitioner and affording an opportunity of hearing is to proceed further in accordance with law. (iii) No precipitative action would be taken till necessary orders are passed by respondent No.3. (iv) All contentions are kept open. Sd/- (S.SUNIL DUTT YADAV) JUDGE VGR, CT:VP LIST NO.: 1 SL NO.: 6