- 1 - HC-KAR NC: 2025:KHC-D:15812 WP No. 103123 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 17TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103123 OF 2025 (LB-RES) BETWEEN: SRI. ASHOK KUMAR B. S/O B. SHESHANNA, AGE. 45 YEARS, OCC. BUSINESS, R/O. WARD NO.14, K.H.B. COLONY, NEAR KURUMATTI WATER TANK, SANDUR, DIST. BALLARI-583 119. … PETITIONER (BY SRI. ANAND R. KOLLI, ADVOCATE) AND: 1. THE CHIEF OFFICER, TOWN MUNICIPAL, SANDUR, DIST. BALLARI, PIN-583 119. 2. RAJA PALEGARA S/O YELLAPPA, AGE. 53 YEARS, OCC. PRESS REPORTER, R/O. 136A/A, WARD NO.14, K.H.B. COLONY, SANDUR. … RESPONDENTS (BY SMT. V. VIDYA, ADVOCATE FOR R1; SRI. M.B. HIREMATH, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED SHOW CAUSE NOTICES 28.02.2025 BEARING NO. ¸ÀASÉå:¥ÀĸÀ¸ÀA/vÁAwæPÀ/PÀ.¥À/2024-25/364 ISSUED BY THE RESPONDENT AUTHORITY VIDE ANNEXURE-C IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE A WRIT OF IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED SHOW CAUSE NOTICES CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.22 11:20:00 +0530 - 2 - HC-KAR NC: 2025:KHC-D:15812 WP No. 103123 of 2025 DATED 11.03.2025 BEARING NO.¸ÀASÉå:¥ÀĸÀ¸ÀA/vÁAwæPÀ/PÀ.¥À/2024- 25/387 ISSUED BY THE RESPONDENT AUTHORITY VIDE ANNEXURE-E IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the notices dated 28.02.2025 and 11.03.2025 issued by Chief Officer, Town Municipal Council, Sandur. 2. In terms of the said notice, Chief Officer Town Municipal Council, Sandur has held that the petitioner has encroached upon the property of neighbours and has put a compound wall. It is stated that the alleged encroachment is ascertained pursuant to survey and has directed the petitioner to remove the compound wall within 7 days. 3. Learned counsel for the petitioner would submit that no survey was conducted and no procedure contemplated under Section 187 of the Karnataka Municipalities Act, 1964 is followed by the respondent and the petitioner has put-up a structure with - 3 - HC-KAR NC: 2025:KHC-D:15812 WP No. 103123 of 2025 necessary permission from the Municipal Council and the compound wall is within his land. 4. Learned for the respondents would submit that the petitioner has constructed the compound wall without permission and has encroached upon the property of respondent No.2 and before concluding about the encroachment, there was a survey with due notice to the parties and after the survey it is established that the petitioner has encroached upon the property of respondent No.2 and thereby respondent No.1 has rightly passed the impugned order. 5. Learned counsel for the petitioner, by way of reply would submit that no notice was issued before conducting the alleged survey. 6. Materials are not placed before the Court to show that the notice is duly served on the petitioner before conducting the alleged survey. 7. At this juncture, no document is produced to show that the building construction permission which is granted in terms of the permission dated 02.07.2012 would also include the - 4 - HC-KAR NC: 2025:KHC-D:15812 WP No. 103123 of 2025 compound in dispute. That has to be ascertained from the approved plan. It appears that the impugned notices dated 28.02.2025 and 11.03.2025 are issued without hearing the petitioner after the alleged survey. 8. Under these circumstances, respondent No.1 shall issue due notice to the petitioner and respondent No.2 and thereafter hear both parties on their respective contentions and pass appropriate orders. 9. It is made clear that in case the survey was conducted without notice to the petitioner, there has to be a fresh survey with due notice to all the concerned. 10. Hence, the following: ORDER (i) The Writ Petition is disposed of with directions as noted above. (ii) It is made clear that the Court has not expressed anything on the merits of the matter. (iii) All contentions kept open. - 5 - HC-KAR NC: 2025:KHC-D:15812 WP No. 103123 of 2025 (iv) The exercise shall be completed within 60 days from today. (v) The procedure contemplated under the Karnataka Municipalities Act, 1964 shall be followed strictly. (vi) The parties shall appear before respondent No.1 on 02.12.2025 without any further notice at 10.30 a.m. (vii) It is made clear that the direction to demolish the compound wall within 7 days shall not be given effect to. Sd/- (ANANT RAMANATH HEGDE) JUDGE GVP CT:BCK LIST NO.: 1 SL NO.: 45