- 1 - HC-KAR NC: 2025:KHC-D:8797 WP No. 104647 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. 104647 OF 2025 (LB-UC) BETWEEN: SHRI RUP KUMAR BISHWAS S/O. SHRIKANT TIMMAPPA, AGE: 36 YEARS, OCC: AGRICULTURE, R/O. BANGALI CAMP, JAVALAGERA, TQ: SINDHANUR, NOW RESIDING AT HANUMANAHALLI, TQ: GANGAVATHI, DIST: KOPPAL-583227. …PETITIONER (BY SRI. UMESH P. HAKKARAKI & 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 LTD., O & M SUB-DIVISION, GESCOM, GANGAVATHI-583227. 4. THE PANCHAYAT DEVELOPMENT OFFICER, GRAMPANCHAYATI SANNAPURA, TQ: GANGAVATHI, DIST: KOPPAL-583227. …RESPONDENTS (BY SRI. P.F. GOUDAR, ADVOCATE FOR R1; SRI. S.V. MAGADUM, AGA FOR R2; NOTICE TO R3 & R4 DISPENSED WITH) 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:8797 WP No. 104647 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED COMMUNICATION BEARING NO. HAVIPAPRANIPRA/KA/CCC- 126/2017/2024-25 DATED 11.07.2025 VIDE ANNEXURE A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR ORDERS 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 absolute owner of the property bearing Sy.No.15/*/2 to anextent of 10 guntas out of 2 acres 6 guntas situated at Hanumahalli, Gangavathi taluk through registered sale deed form original vendors Yelkuri Premraj and others on 19.03.2021 and since then he is in possession of the property. His name is entered in the record of rights and is paying tax regularly. It is his further case, that he is residing in the said property dairy without any hindrance. 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 - 3 - HC-KAR NC: 2025:KHC-D:8797 WP No. 104647 of 2025 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 and 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 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, - 4 - HC-KAR NC: 2025:KHC-D:8797 WP No. 104647 of 2025 notice vide Annexure-A dated 11.07.2025 is issued to the petitioner. 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. 4. Petitioner shall appear before the authority- respondent No.1 on 17.07.2025 at 11.00 a.m. without waiting for any notice. Till then, no coercive steps shall be taken by the respondents. 5. 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 - 5 - HC-KAR NC: 2025:KHC-D:8797 WP No. 104647 of 2025 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