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2025 DAILYLAW 55867 (KAR)

SHRI M RAJU v. THE STATE OF KARNATAKA

WP/8928/2025 · 2025-08-19

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32114 WP No. 8928 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 8928 OF 2025 (LB-BMP) BETWEEN: SHRI M. RAJU S/O MUNIAN, AGED ABOUT 58 YEARS, R/AT. NO.21/A, RAMAIAH REDDY COLONY, 'B'-SECTOR, BASAVANAGARA, BENGALURU-560037. …PETITIONER (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, 5TH FLOOR, DR. AMBEDKAR ROAD, BENGALURU - 560 001. REP. BY REVENUE SECRETARY. 2. THE PRESCRIBED OFFICER, TANKS ENCROACHMENT AND EVICTION EXECUTION ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, KR PURAM DIVISION, MAHADEVAPURA RANGE, BENGALURU-560036. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32114 WP No. 8928 of 2025 3. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), N. R. SQUARE, BENGALURU - 560002. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1; SRI. N.R. JAGADEESWARA, ADV. FOR R2 AND R3 (V/C) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHOW CAUSE NOTICE DATED 29.11.2024 BEARING REFERENCE NO. BBMP/KA.PA.HA/KRPURA/26/HAL/2024-25 ISSUED BY THE R-2 (ANNEXURE-E) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the show cause notice issued under the provisions of the Karnataka Tank Conservation and Development Authority Act, 2014. The said show cause notice is issued by respondent no.2. The petitioner has challenged the same on the ground that respondent no.2 does not have the jurisdiction to issue - 3 - HC-KAR NC: 2025:KHC:32114 WP No. 8928 of 2025 such a notice more so when the matter is seized of by the Special Court constituted under the Karnataka Land Grabbing Prohibition Act, 2011. 2. In the course of arguments, both the learned counsel for the petitioner as well as respondents-BBMP submitted that similar issue has been decided by this Court in W.P.No.7926/2025 and connected matters and it has been held that respondent no.2 has the necessary jurisdiction to issue the show cause notice and in such an event, the petitioner is bound to reply to the said show cause notice and for that reason it is submitted the present writ petition may also be dismissed. 3. 3. What has been issued to the petitioner is only a show cause notice and the co-ordinate Bench of this Court under similar circumstances in W.P.No.7926/2025 has held that respondent no.2 has the necessary jurisdiction and the petitioner is required to reply to the same. - 4 - HC-KAR NC: 2025:KHC:32114 WP No. 8928 of 2025 4. For the aforementioned reason, reserving the liberty to the petitioner to reply to the impugned show cause notice, the writ petition is hereby disposed of. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 30