- 1 - HC-KAR NC: 2025:KHC-D:15965 WP No. 103225 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 20TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103225 OF 2025 (LB-RES) BETWEEN: 1. 2. 3. 4. 5. 6. 7. 8. 9. HULGAPPA S/O. RAMANJINAMMA, AGE: 36 YEARS, OCC: COOLIE, R/O: DISTRICT BALLARI. K. HANUMANTHAPPA S/O. SIDDAPPA, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. SUBHAN SAB S/O. NABI SAB, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. RANGAPPA S/O. THIPPANNA, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. VENKATESH U. S/O. GOVINDAPPA U., AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. U. RATNAMMA W/O. NAGARAJ, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. SATYAPPA S/O. SHANKRAPPA, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. VEERESH S/O. SHARANAPPA, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. ABDULLA S/O. P. PIRA SABA, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.22 11:20:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15965 WP No. 103225 of 2025 10. 11. HULUGAMMA W/O. HANUMANTHAPPA, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. C. ANJINAPPA S/O. THIPPANNA, AGE: MAJOR, OCC: COOLIE, R/O: DISTRICT BALLARI. … PETITIONERS (BY SRI. ANKIT RAMESH DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ, VIDHANA SOUDHA, BENGALURU-560 001. THE CHIEF OFFICER, GRAM PANCHAYAT BALLARI, DISTRICT: BALLARI-583 101. THE PANCHAYAT DEVELOPMENT OFFICER, GRAM PANCHAYAT, HANDIHAAL VILLAGE, TQ: BALLARI, DISTRICT: BALLARI-583 101. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, ADVOCATE FOR R1; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER, QUASHING THE EVICTION NOTICE DATED 01.05.2025 ISSUED BY THE RESPONDENT NO.3 (ANNEXURE-C TO C10); DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 22.04.2025 (ANNEXURE-B TO B10) AND PASS A REASONED AND SPEAKING ORDER IN ACCORDANCE WITH LAW AND RESTRAIN THE RESPONDENTS FROM TAKING ANY COERCIVE ACTION AGAINST THE PETITIONERS PENDING DISPOSAL OF THE REPRESENTATION. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:15965 WP No. 103225 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the notices dated 01.05.2025 issued by respondent No.3/Panchayat. 2. Respondent No.3/Panchayat claims that the panchayat intends to widen the road and it is alleged by the panchayat that the petitioners are occupying the properties where the road is proposed to be widened without having any right, title and interest over the property. 3. The learned counsel for the petitioners would submit that the petitioners come from a poor background and they do not have any other property and the respondents/panchayat and the State are under obligation to provide shelter to the petitioners before evicting the petitioners from the petition properties. 4. It is noticed that what is challenged before the Court is only a show-cause notice. Hence, the following: ORDER - 4 - HC-KAR NC: 2025:KHC-D:15965 WP No. 103225 of 2025 i. The petition is disposed of. ii. The petitioners are permitted to issue reply to the impugned notices and submit their records in support of their claim. iii. The 3rd respondent/panchayat shall consider the same in accordance with law and thereafter pass appropriate orders. iv. It is made clear that this Court has not expressed anything on the merits of the opinion. v. All contentions kept open. vi. The petitioners are given 30 days' time to submit the records in support of their claim. vii. After the receipt of the records, the respondent/Gram Panchayat shall fix a date for hearing and thereafter considering the contentions raised by the petitioners shall pass appropriate orders. - 5 - HC-KAR NC: 2025:KHC-D:15965 WP No. 103225 of 2025 viii. Till the process is complete, the petitioners cannot be evicted from the petition properties. ix. It is noticed that there is no Office of Chief Officer for Gram Panchayath and petition against respondent No.2 is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 9