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2025 DAILYLAW 75767 (KAR)

PURAVANKARA LIMITED v. THE STATE OF KARNATAKA

WP/34446/2025 · 2025-12-03

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50474 WP No. 34446 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.34446 OF 2025 (GM-POLICE) BETWEEN: 1. PURAVANKARA LIMITED FORMERLY PURAVANKARA PROJECTS LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.130/1, ULSOOR ROAD BENGALURU - 560042 REPRESENTED BY ITS AUTHORISED SIGNATORY SHREYA VK JAIN - SENIOR EXECUTIVE LEGAL. …PETITIONER (BY SRI. JOSEPH ANTHONY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH THE PRINCIPAL SECRETARY HOME DEPARTMENT VIDHANA SOUDHA BENGALURU - 560001. 2. THE SUPERINTENDENT OF POLICE BENGALURU METROPOLITAN TASK FORCE (BMTF) BBMP CENTRAL OFFICE, N.R. CIRCLE BENGALURU - 56002. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50474 WP No. 34446 of 2025 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SHOW CAUSE NOTICE ORDER ISSUED BY THE OFFICE OF RESPONDENT NO.2 BEARING NO. BMTF/ADGP/PETITION/753/2025 DATED 23.10.2025 IN RESPECT OF ALLEGED ENCROACHMENT AT SY NOs. 24/3, 29/1, 29/2, 33, 34, 35/1, 35/2, 35/3, 36/2, 36/4, 36/5, 36/6, 48, 49/1, 49/2, 50, 51, 52/1, 52/2, 53/1, 53/2, 53/3, 53/4, 53/5 OF KAMMANAHALLI VILLAGE, BEGUR HOBLI, WARD NO. 192, BANGALORE SOUTH TALUK (ANNX-A); 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 In this writ petition the petitioner is assailing the show- cause notice dated 23.10.2025 (Annexure-A) issued by the respondent No.2. - 3 - HC-KAR NC: 2025:KHC:50474 WP No. 34446 of 2025 2. Heard Sri. Joseph Anthony, learned counsel for the petitioner and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent-State. 3. Sri. Joseph Anthony, learned counsel for the petitioner invited the attention of the court to the letter dated 03.07.2017 (Annexure-G), and letter dated 21.10.2021 (Annexure-L) addressed by the jurisdictional police, that there is no encroachment has been made by the petitioner as such and the grievance against the petitioner has to be closed, however, the respondent No.2 has issued another notice dated 23.10.2025 (Annexure-A) and the respondents are harassing the petitioner by issuing series of notice despite the records reflect that, no encroachment has been made by the petitioner. It is also submitted by the learned counsel for the petitioner that petitioner has filed a reply letter dated 20.11.2025 before the respondent No.2 pursuant to the issuance of impugned notice dated 23.10.2025 at Annexure-A. 4. Per contra, Sri Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent- State, submitted that the impugned notice at Annexure-A - 4 - HC-KAR NC: 2025:KHC:50474 WP No. 34446 of 2025 indicates that certain documents are required to be verified by the respondent-authorities. He, therefore, sought to justify the issuance of the impugned notice dated 23.10.2025 (Annexure- A). 5. In the light of the submission made by the learned counsel appearing for the parties, I have carefully examined the finding recorded by the respondent-authority dated 03.07.2017 (Annexure-G) and the letter dated 21.10.2021 (Annexure-L) addressed by the jurisdictional police to the respondent No.2 as to the fact that, no encroachment has been made by the petitioner. It is also to be noted that, the said aspect of the matter has been brought to the notice of the respondent No.2, as per the reply dated 20.11.2025 filed by the petitioner pursuant to the impugned notice dated 23.10.2025 (Annexure-A). In that view of the matter, without going into the merits of the case, the respondent No.2 is directed to consider the earlier closure report dated 03.07.2017 (Annexure-G) and the letter dated 21.10.2021 (Annexure-L) addressed by the jurisdictional police as well as the reply made by the petitioner dated 20.11.2025 in accordance with law and take decision in the matter accordingly. It is made clear that, in - 5 - HC-KAR NC: 2025:KHC:50474 WP No. 34446 of 2025 the event respondents seeks any further information/documents from the petitioner, it is open for the respondent No.2 to call for such documents, if any, which are relevant as shown in the impugned notice dated 23.10.2025 (Annexure-A). With these observations, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 14