- 1 - HC-KAR NC: 2025:KHC-D:14905 WP No. 103679 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103679 OF 2024 (LB-RES) BETWEEN: SHRI. KURADAGADDE MUKHTIYAR S/O MABUSAB, AGE. 50 YEARS, OCC. BUSINESS, R/O. WARD NO.12, CHITTAWADAGI, HOSAPETE, TQ. HOSAPETE, DIST. VIJAYANAGAR-583 201. … PETITIONER (BY SRI. GIRISH A. YADAWAD, ADVOCATE) AND: 1. THE CITY MUNICIPALITY, HOSAPETE, REPRESENTED BY ITS COMMISSIONER, TQ. HOSAPETE, DIST. VIJAYANAGARA-583 201. 2. THE ASSISTANT EXECUTIVE ENGINEER, GESCOM, SUB-DIVISION-1, HOSAPETE, TQ. HOSAPETE, DIST. VIJAYANAGAR-583 201. … RESPONDENTS (BY SRI. RAGHUVEER SATTIGERI, ADVOCATE FOR R1; SRI. VIJAKUMAR BALAGERIMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE DATED 06.06.2024 ISSUED BY RESPONDENT NO.1 IN PÀæ.¸ÀA.£À¸ÀºÉÆ:D.±Á/EvÀgÉ/2024-25 VIDE ANNEXURE-C, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:14905 WP No. 103679 of 2024 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioner, learned counsel appearing for respondents and also the counsel who has filed an application to come on record as respondent No.3. 2. It is noticed that respondent No.3 has filed a complaint before respondents No.1 and 2 alleging illegal construction and activity by the petitioner. It appears that the Municipality has issued a notice on 06.06.2024 to the petitioner and directed the petitioner to shift his business from the premises where it is being run. 3. Learned that the petitioner would submit that to Annexure-C/notice dated 06.06.2024 which is in the nature of a final order, the petitioner has submitted his response on 10.06.2024 and so far final order is not yet passed considering the objection. 4. Learned counsel for respondent No.3 would submit that he is also a necessary party to the proceedings as notice is - 3 - HC-KAR NC: 2025:KHC-D:14905 WP No. 103679 of 2024 issued pursuant to his objection to the petitioner's illegal activity carried on in the premises. 5. Since the action is initiated pursuant to the proposed respondent No.3's complaint, the application to come on record is allowed. 6. Learned counsel for respondent No.3 would submit that the petitioner is carrying on the business without a valid permission to construct the structure and without a valid licence to carry on the business. 7. It is noticed from Annexure-C dated 06.06.2024 that order/notice is in the nature of the final order and same is passed without hearing the petitioner. 8. Under these circumstances, the impugned notice dated 06.06.2024 which is in the nature of the order is treated as a show-cause notice. 9. The parties shall appear before the respondent No.1 on 24.11.2025 at 10:30 a.m. without any further notice. - 4 - HC-KAR NC: 2025:KHC-D:14905 WP No. 103679 of 2024 10. Respondents No.1 shall hear the petitioner and respondent No.3 and thereafter has to pass appropriate orders. 11. It is made clear that nothing is expressed on the merits of the matter. 12. Till the orders are passed on the merits of the matter, there shall not be any coercive action against the petitioner. 13. Writ petition is disposed of. Sd/- (ANANT RAMANATH HEGDE) JUDGE CLK CT:BCK LIST NO.: 1 SL NO.: 28