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2025 DAILYLAW 57724 (KAR)

MOUNT CARMEL EDUCATION SOCIETY v. STATE OF KARNATAKA

WP/21611/2025 · 2025-07-22

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27455 WP NO.21611 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.21611 OF 2025 (KLR-RES) BETWEEN: MOUNT CARMEL EDUCATION SOCIETY NO.58, PALACE ROAD, VASANTHANAGARA, BENGALURU - 560 052.. REP. BY IT SECRETARY SISTER ALBINA. ALSO AT: MOUNT CARMEL EDUCATIONAL SOCIETY, KADIRADEVARAHALLI VILLAGE, THONDEBHAVI HOBLI, GOWRIBIDANURU TALUK, CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI. SUSHAL TIWARI N., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY REVENUE DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT ROOM NO.558, M.S. BUILDING, 2ND GATE, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPUR DISTRICT DISTRICT OFFICE COMPLEX, SHIDLAGHATTA ROAD CHIKKABALLAPURA - 562 101. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27455 WP NO.21611 OF 2025 3. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR DISTRICT, DISTRICT OFFICE COMPLEX, SHIDLAGHATTA ROAD, CHIKKABALLAPURA - 562 101. 4. THE TAHSILDAR GOWRIBIDANURU TALUK, GOWRIBIDANURU, CHIKKABALLAPURA DISTRICT - 562 101. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE BEARING NO.N.C.R.C.R/04/2024-25 DATED 28TH JUNE, 2025 ISSUED BY THE RESPONDENT NO.4, VIDE ANNEXURE-A; CONSEQUENTLY, DIRECT THE RESPONDENT NO.4 TO CONDUCT FRESH SURVEY IN PRESENCE OF PETITIONER; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioner-Society is assailing the Notice dated 28th June, 2025 (Annexure-A) - 3 - HC-KAR NC: 2025:KHC:27455 WP NO.21611 OF 2025 bearing No.N.C.R.C.R/04/2024-25 issued by the respondent No.4, wherein the petitioner-Society is directed to remove the encroachment made in the path way. 2. Heard Sri. Sushal Tiwari N., learned counsel appearing for the petitioner-Society and Sri. Siddharth Baburo, learned Additional Government Advocate appearing for respondents. 3. Having heard the learned counsel appearing for the parties and on perusal of the order dated 20th December, 2024 passed by this Court in Writ Petition No.34088 of 2024, I am of the view that the petitioner- Society shall make one more reply/objection to the impugned notice. Accordingly, the petitioner-Society is permitted to make a reply/objection to the Notice dated 28th June, 2025 (Annexure-A) issued by the respondent No.4, within an outer limit of the two weeks from the date of receipt of this order. If such a reply/objection is made by the petitioner, the respondent No.4 shall consider the - 4 - HC-KAR NC: 2025:KHC:27455 WP NO.21611 OF 2025 same and take decision in the matter in accordance with law. 4. It is made clear that, till the consideration of reply/objection that may be made by the petitioner- Society, the respondent-Authorities shall not take any coercive steps against the petitioner in respect of the land in question. With this observation, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 30