- 1 - HC-KAR NC: 2025:KHC-D:17215 WP No. 114854 of 2019 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.114854 OF 2019 (KLR-RES) BETWEEN: 1. SMT. SEETA W/O LAKSHMAN WADDAR, AGE: 67 YEARS, OCC: HOUSEHOLD, 2. LAKSHMAN S/O BABU WADDAR, AGE: 67 YEARS, OCC: HOUSEHOLD, 3. PARASHURAM S/O KRISHNA WADDAR, AGE: 60 YEARS, OCC: AGRICULTURE, 4. ANIL S/O MARUTI WADDAR, AGE: 60 YEARS, OCC: AGRICULTURE, 5. YASHAVANT S/O BABU WADDAR, AGE: 65 YEARS, OCC: AGRICULTURE, 6. SMT. NIRMALA W/O NARAYAN WADDAR, AGE: 50 YEARS, OCC: COOLIE, 7. KABIR S/O BABU DHOTRE, AGE: 63 YEARS, OCC: AGRICULTURE, 8. SAMBHAJI S/O TAMMANNA WADDAR, AGE: 47 YEARS, OCC: MASON, 9. AVINASH S/O LAKSHMAN WADDAR, AGE: 37 YEARS, OCC: MASON, 10. KIRAN S/O PRADEEP WADDAR, AGE: 33 YEARS, OCC: MASON, 11. LAKSAHAMAN S/O BHARAT WADDAR, AGE: 33 YEARS, OCC: MASON, 12. SMT. RAJAKKA W/O ASHOK WADDAR, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17215 WP No. 114854 of 2019 AGE: 55 YEARS, OCC: COOLIE, 13. SMT. BAYAKKA W/O BABU WADDAR, AGE: 57 YEARS, OCC: COOLIE, 14. SMT. RESHMA W/O SHANKAR WADDAR, AGE: 32 YEARS, OCC: COOLIE, 15. SMT. RAJESHWARI W/O SURESH WADDAR, AGE: 37 YEARS, OCC: HOUSEHOLD, 16. SHANKAR S/O TAMMANNA WADDAR, AGE: 58 YEARS, OCC: MASON, ALL ARE R/O: BHOJ-591 201, TQ: CHIKODI, DIST: BELAGAVI. … PETITIONERS (BY SRI. DINESH M. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ITS SECRETARY, DEPARTMENT OF PANCHAYAT RAJ AND RURAL DEVELOPMENT, M.S. BUILDING, DR. AMBEDKAR VEEDI, BENGALURU-560 001. 2. THE TASHILDAR, CHIKODI, TQ: CHIKODI, DIST: BELAGAVI-591 201. 3. THE TALUKA PANCHAYAT CHIKODI, DIST: BELAGAVI-591 201, R/BY ITS EXECUTIVE OFFICER. 4. THE GRAM PANCHAYAT BHOJ, TQ: CHIKODI, DIST: BELAGAVI-591 201, R/BY ITS PANCHAYAT DEVELOPMENT OFFICER, BHOJ, TQ: CHIKKODI, DIST: BELAGAVI-590 002. 5. PRAKASH S/O LAKSHMAN WADDAR, AGE. 39 YEARS, OCC. BUILDING CONSTRUCTION WORK, R/O: BHOJ, TQ: CHIKODI, DIST: BELAGAVI-591 201. … RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 AND R2; SRI. V. SHIVARAJ HIREMATH, ADVOCATE FOR R3 AND R4) - 3 - HC-KAR NC: 2025:KHC-D:17215 WP No. 114854 of 2019 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH ORDER PASSED BY THE RESPONDENT NO.2 BEARING NO.LND/CWD/719/2017-18/236 DATED 12.06.2018 VIDE ANNEXURE-K AND NOTICES ISSUED BY THE 4TH RESPONDENT Sl.No. Notice No. Date 1 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 2 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 3 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 4 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 5 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 6 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 7 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 8 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 9 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 10 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 11 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 12 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 13 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 14 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 15 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 16 PÀæ.¸ÀA.UÁæ.¥ÀA/¨sÉÆÃ/2018-19/1 24/07/2018 VIDE ANNEXURES-M, M1, M2, M3, M4, M5, M6, M7, M8, M9, M10, M11, M12, M13, M14 AND M15 AS NULL AND VOID; ISSUE IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO.4 TO CONSIDER REPRESENTATIONS OF THE PETITIONERS DATED 30.07.2018 VIDE ANNEXURE-N AND PASS APPROPRIATE ORDERS AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:17215 WP No. 114854 of 2019 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed assailing impugned notices issued by respondent No.4 marked at M-series by which the petitioners have been asked to vacate the premises on the premise that the petitioners have encroached upon the properties belonging to Gram Panchayat of Bhoj village, Taluk Chikkodi. 2. Learned counsel for the petitioners has raised two primary contentions: 2.1 The order is passed without issuing notices to the petitioners; 2.2 The order is passed based on the report alleged to have been submitted by the Tahasildar, who has no jurisdiction over the properties in question; 3. In addition, it is also the contention of the learned counsel for the petitioners that the petitioners are - 5 - HC-KAR NC: 2025:KHC-D:17215 WP No. 114854 of 2019 not encroachers and the properties are granted to them by the Panchayat. 4. Learned counsel appearing for respondent No.5 would submit that, earlier respondent No.5 was the member of the Taluka Panchayat and noticing the encroachment of the Panchayat properties, he had filed a complaint and based on the report of the complaint, a decision was taken to remove the encroachment and thereafter, the notices have been issued to vacate the premises. Thus, he would contend that impugned notices are justified. 5. The Court has considered the contentions raised at the Bar and perused the records. 6. It is noticed that the Panchayat has not filed statement of objection. The contention that the petitioners have not been heard, is not disputed by filing statement of objection. The reports are not produced to show that notices have been issued to - 6 - HC-KAR NC: 2025:KHC-D:17215 WP No. 114854 of 2019 the petitioners before passing the orders. Apart from that, if the order is passed pursuant to the report submitted by the Tahasildar, then the said report would be without jurisdiction as the Tahasildar has no jurisdiction to ascertain encroachment in the Panchayat property. 7. Hence, the following: ORDER i. The writ petition is disposed of. ii. Impugned notices marked at Annexure-M series are set-aside. iii. The matter is remitted to respondent No.4- Panchayat for considering the objection of respondent No.5 relating to alleged encroachment. iv. Respondent No.4-Panchayat shall issue notice to the petitioners and after hearing the petitioners, - 7 - HC-KAR NC: 2025:KHC-D:17215 WP No. 114854 of 2019 shall pass appropriate orders in accordance with law. v. It is made clear that the Court has not expressed anything on the merits of the matter. vi. All contentions are kept open. vii. The petitioners cannot be evicted unless it is established that the petitioners have encroached upon the properties after hearing the petitioners in accordance with law. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 72