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2025 DAILYLAW 70896 (KAR)

SMT.NAGAVENI BATTA v. THE STATE OF KARNATAKA

WP/8123/2025 · 2025-08-07

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:30909 WP No. 8123 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.8123 OF 2025 (LB-BMP) BETWEEN: 1. SMT. NAGAVENI BATTA AGED ABOUT 32 YEARS D/O. BATTA VENGAIAH SITE NO.22B, RAMAIAHREDDY COLONY, BASAVANAGARA, BENGALURU-560 037. …PETITIONER (BY SRI. PRAKASH TIMMANNA HEBBAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, 5TH FLOOR, DR. AMBEDKAR ROAD, BENGALURU-560 001 REP. BY REVENUE SECRETARY. 2. THE PRESCRIBED OFFICER TANKS ENCROACHMENT AND EVICTION EXECUTION ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, K.R. PURAM DIVISION, MAHADEVAPURA RANGE, BENGALURU-560 036. 3. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30909 WP No. 8123 of 2025 PALIKE (BBMP), N R SQUARE, BENGALURU - 560 002. …RESPONDENTS (BY SRI H.K. KENCHEGOWDRU, AGA FOR R.1; SRI S.H. PRASHANTH, ADVOCATE FOR R.2 & R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE SHOW CAUSE NOTICE DATED 29.11.2024 BEARING REFERENCE NO. BBMP/KA.PA.HA/KRPURA/ 38/HAL/2024-25 ISSUED BY RESPONDENT NO.2 (ANNEXURE- E); ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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 show cause notice issued under the provisions of the Karnataka Tank Conservation and Development Authority Act, 2014. The said show cause notice is issued by respondent no.2. The petitioner has challenged the same on the ground that respondent no.2 does not have the jurisdiction to issue such a notice more so when the matter is seized by the - 3 - HC-KAR NC: 2025:KHC:30909 WP No. 8123 of 2025 Special Court constituted under the Karnataka Land Grabbing Prohibition Act, 2011. 2. In the course of arguments, both the learned counsel for the petitioner as well as respondents-BBMP submitted that similar issue has been decided by this Court in W.P.No.7926/2025 and connected matters and it has been held that respondent no.2 has the necessary jurisdiction to issue the show cause notice and in such an event, the petitioner is bound to reply to the said show cause notice and for that reason, it is submitted that the present writ petition may also be dismissed. 3. 3. What has been issued to the petitioner is only a show cause notice and the Co-ordinate Bench of this court under similar circumstances in W.P.No.7926/2025 has held that respondent no.2 has the necessary jurisdiction and the petitioner is required to reply to the same. - 4 - HC-KAR NC: 2025:KHC:30909 WP No. 8123 of 2025 4. For the aforementioned reason, reserving the liberty to the petitioner to reply to the impugned show cause notice, the writ petition is hereby disposed of. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 97