- 1 - HC-KAR NC: 2025:KHC-D:8781 WP No. 104630 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. 104630 OF 2025 (LB-UC) BETWEEN: SMT. ASHWINI W/O. OBALAREDDY, AGED ABOUT 35 YEARS, OCC: BUSINESS, R/O. RANGAPUR CAMP, SANAPUR POST, TQ: GANGAVATHI, DIST: KOPPAL-583227. …PETITIONER (BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE) AND: 1. STATE OF KARNATAKA, R/BY ITS CHIEF SECRETARY, VIDHAN SOUDHA BUILDING, BENGALURU-560001. 2. HAMPI WORLD HERITAGE AREA MANAGEMENT AUTHORITY, HOSAPETE, DISTRICT: VIJAYANAGAR-583239, R/BY ITS COMMISSIONER. 3. THE DEPUTY COMMISSIONER, KOPPAL DISTRICT, KOPPAL-583231. 4. THE THAHASILDAR, GANGAVATHI, GANGAVATHI, DIST: KOPPAL-583227. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1, R3 & R4; SRI. PRASHANT F. GOUDAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER DATED 11/07/2025 PASSED BY THE RESPONDENT NO.2 IN NO. HAVIPAPRANIPRAA/KA/CCC-126/2017/2024-25 AND THE COPY OF THE SAME IS PRODUCED AS AT ANNEXURE-D TO THE WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.16 10:50:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8781 WP No. 104630 of 2025 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) In this petition, the petitioner contends that the respondent-authorities including respondent no.2 have given permission vide Annexure-C dated 29.11.2023 for putting up construction and accordingly petitioner has put up construction and residing in the said premises. It is also contended that the protected monument is more than 100 meters away from the property of the petitioner and therefore, there is no violation by the petitioner. The petitioner has been issued with notice by the 2nd respondent dated 11.07.2025 to conduct demolition along with respondent Nos.3 and 4 with the help of the police. 2. In view of the fact that respondent Nos.2 and 3 have already given permission for construction and building has been constructed after obtaining the permission, the question of demolition would not arise, if the same is authentic and genuine. - 3 - HC-KAR NC: 2025:KHC-D:8781 WP No. 104630 of 2025 3. The petitioner shall approach respondent No.2 on 17.07.2025 and place documents of having secured permission dated 29.11.2023 at Annexure-C to the respondent/authority, who shall consider the same and if there is no violation or breach of the Act and if the petitioner’s property does not fall within radius of 100 meters or other mandatory requirements the same shall be considered and suitable orders shall be passed. 4. It is needless to mention that the respondent shall give an opportunity of hearing and notice to the petitioner in accordance with law before passing orders. Till then, respondent Nos.2 shall not initiate any coercive action against the petitioner’s property. 5. Respondent No.2 shall intimate same to the concerned officials on the spot not to take any coercive action against petitioner’s property. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK/KMV