- 1 - HC-KAR NC: 2025:KHC-D:9607 WP No. 105320 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.105320 OF 2025 (GM-RES) BETWEEN: SRI. VISHNU DEVARAYA KURLE S/O. DEVARAYA KURLE, AGED 40 YEARS, PERMANENT RESIDENT OF BAVIKODLA DUBBANASHASHI, KUMTA TALUK, UTTARA KANNADA DISTRICT – 581 319. …PETITIONER (BY SRI. NITYANAND V. NAIK & SRI. PRANAV UMESH BADAGI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SECRETARY, DEPARTMENT OF FOREST ECOLOGY & ENVIRONMENT, M. S. BUILDING, AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. KARNATAKA STATE COASTAL ZONE MANAGEMENT AUTHORITY, BY ITS MEMBER SECRETARY, M. S. BUILDING, BENGALURU – 560 001. 3. THE REGIONAL DIRECTOR (ENVIRONMENT), DEPARTMENT OF FOREST, ENVIRONMENT AND ECOLOGY, PARISARA BHAVANA, KODIBAGA KARWAR, UTTARA KANNADA DISTRICT – 581 303. Digitally signed by V N BADIGER Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:9607 WP No. 105320 of 2025 4. THE DEPUTY COMMISSIONR & DISTRICT MAGISTRATE, UTTARA KANNADA DISTRICT, KARWAR, UTTARA KANNADA – 581 303. 5. ASSISTANT COMMISSIONER, KUMTA SUB DIVISION, KUMTA, UTTARA KANNADA DISTRICT – 581 332. 6. THE GRAMA PANCHAYATH, NADUMASKERI, REPRESENTED BY PANCHAYATH DEVELOPMENT OFFICER, NADUMASKERI, KUMTA TALUK, UTTARA KANNADA DISTRICT – 581 319. …RESPONDENTS (BY SRI. SHARAD V. MAGDUM, AGA FOR R1 TO R6) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND TO ISSUE WRIT, ORDER OR DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED NOTICE BEARING NO. PRANIPA/ KANIVA/ ULLANGHANE/ 2025-26/208 DATED 21-05-2025 ISSUED BY THE THIRD RESPONDENT VIDE ANNEXURE-A AND ALL FURTHER PROCEEDINGS, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS WRIT PETITION, COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDE: - 3 - HC-KAR NC: 2025:KHC-D:9607 WP No. 105320 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The grievance of the petitioner as submitted by Sri. Nithyananda V Naik, learned counsel, is that despite the petitioner having submitted a reply in response to the order referred to in Annexure-A, there is an apprehension that the said reply may not be duly considered, and the petitioner may be dispossessed from the subject property in terms of the order mentioned therein. 2. Learned AGA, however, clarified that the reply submitted by the petitioner will indeed be considered by the concerned committee, and necessary action will be taken in accordance with the law. 3. The submission of the Learned AGA adequately addresses the grievance of the petitioner. Therefore, in light of the assurance provided by the Learned AGA, the petitioner’s concern stands resolved. 4. The petition is, accordingly, disposed of with the direction that, until necessary legal action is taken in accordance with the law, the petitioner shall not be dispossessed of the subject property. - 4 - HC-KAR NC: 2025:KHC-D:9607 WP No. 105320 of 2025 5. The concerned authorities are directed to ensure that the reply of the petitioner is considered in a timely manner and that due process of law is followed. 6. Needless to say, if any further action is to be taken, it shall be done only after complying with the prescribed legal procedure, ensuring that the petitioner’s rights are safeguarded. SD/- (SURAJ GOVINDARAJ) JUDGE Vb/- CT:ASC List No.: 1 Sl No.: 24