- 1 - HC-KAR NC: 2025:KHC:30878 WP No. 24084 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 24084 OF 2025 (LB-RES) BETWEEN: 1. SRI. SURENDRA NAIK AGED ABOUT 76 YEARS S/O LATE PARAMESHWARA NAIK R/O YEDABETTU, KALLIANPURA UDUPI TALUK AND DISTRICT- 572 101. …PETITIONER (BY SRI. K. PRASANNA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, PANCHAYATH RAJ AND RURAL DEVELOPMENT, VIDHANA SOUDHA BENGALURU-560 001. 2. THE PANCHAYATH DEVELOPMENT OFFICER KALYANPURA GRAM PANCHAYAT, KALYANPUR UDUPI TALUK AND DISTRICT-576 101. 3. THE COMMISSIONER UDUPI DEVELOPMENT AUTHORITY UDUPI-576 101. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R1; SRI. ASHOK N.NAIK, ADVOCATE FOR R2; SRI. K.PRASAD HEGDE, ADVOCATE FOR R3) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30878 WP No. 24084 of 2025 THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE NOTICE DATED 16.07.2025 IN NO.Ka.GraPa./111/2025-26 ISSUED BY RESPONDENT NO.2 PANCHAYATH (ANNEXURE-A) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the notice dated 16.07.2025 vide Annexure-A to the writ petition issued by respondent no.2, wherein he has been asked to vacate the property which he had gifted in favour of respondent no.2. The petitioner admits that he had gifted the property in favour of respondent no.2. However, he submits that he has challenged the said gift deed before the trial Court. As the impugned notice pertains to the land which has been already alienated in favour of respondent no.2 by virtue of a registered gift deed, I do not see any error in the matter. 2. For the aforementioned reason, the writ petition is hereby dismissed. - 3 - HC-KAR NC: 2025:KHC:30878 WP No. 24084 of 2025 3. However, it is clarified that dismissal of the writ petition will not come in the way of petitioner pursuing his remedies before the trial Court and the trial Court shall decide the matter based upon the materials produced before it without being influenced by any of the observations made hereinabove. In view of dismissal of main petition, pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 5