SRI NAMADEVA BABU SARANGA S/O BABU SARANGA v. THE STATE OF KARNATAKA
WP/104514/2025 · 2025-07-15
Pradeep Singh Yerur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52930 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52930 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8775 WP No. 104514 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. 104514 OF 2025 (GM-RES)
BETWEEN:
SRI. NAMADEVA BABU SARANGA S/O. BABU SARANGA, AGED 40 YEARS, PERMANENT RESIDENT OF BAVIKODLA, DUBBANASHASHI, KUMTA TALUK, UTTARA KANNADA DISTRICT-581319. …PETITIONER (BY SRI. PRANAV U. BADAGI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF FOREST ECOLOGY AND ENVIRONMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001.
2.
KARNATAKA STATE COASTAL ZONE MANAGEMENT AUTHORITY, BY ITS MEMBER SECRETARY, M.S. BUILDING, BENGALURU-560001.
3.
THE REGIONAL DIRECTOR (ENVIRONMENT) DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY, PARISARA BHAVANA, KODIBAGA, KARWAR, UTTARA KANNDA DISTRICT-581303.
4.
THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, UTTARA KANNADA DISTRICT, KARWAR UTTARA KANNADA - 581303.
5.
THE ASSISTANT COMMISSIONER, KUMTA SUB DIVISION, KUMTA,
VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:8775 WP No. 104514 of 2025
UTTARA KANNADA DISTRICT-581332.
6.
THE GRAM PANCHAYATH, NADUMASKERI, REPRESENTED BY PANCHAYATH DEVELOPMENT OFFICER, NADUMASKERI, KUMTA TALUK, UTTARA KANNADA DISTRICT- 581319. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1-R5)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE BEARING NO.PRANIPA/KANIVA/ULLANGHANE/2025-26/210 DATED 21-05-2025 ISSUED BY THE THIRD RESPONDENT VIDE ANNEXURE-A AND ALL FURTHER PROCEEDINGS, 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)
1. The petitioner has filed this petition seeking to quash the impugned notice dated 21.05.2025 issued by the 3rd respondent vide Annexure-A and for consequential relief.
2. The petitioner claims that he has put up temporary sheds for boats and fishing activities adjacent to malki land and they are residents of Dubbanashashi village. It is the apprehension of the petitioner that in pursuance of
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HC-KAR NC: 2025:KHC-D:8775 WP No. 104514 of 2025
issuance of Annexure-A, he would be dispossessed without following due process of law.
3.
Learned counsel for the petitioner contends that the case of the petitioner is identical to Writ Petition No.66090/2009 disposed of on 23.02.2015. He further submitted that the Government Order dated 25.01.2011 is applicable to the petitioner and the respondents should identify the violation of the Costal Regulation Zone Notification, 1991, and in case there is violation, further action would follow.
4. Learned AGA categorically submits that Annexure-A is only a notice issued to the petitioner and no proceedings would be initiated without following due process of law.
5. In view of the submission made by the learned AGA, I pass the following order:
6. This petition is disposed of.
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HC-KAR NC: 2025:KHC-D:8775 WP No. 104514 of 2025
The petitioner shall continue to be in possession of the subject property, till action is initiated as per law. The respondents/authorities shall not evict the petitioner from the subject property without following due process of law. If action is initiated, the petitioner shall be heard and notified before passing any such order.
Sd/- (PRADEEP SINGH YERUR) JUDGE
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