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2026 DAILYLAW 26354 (KAR)

M/S SHANKARA SHET TOWERS ASSOCIATION v. THE STATE OF KARNATAKA

WP/18287/2024 · 2026-06-15

B M Shyam Prasad

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:28874 WP No. 18287 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 18287 OF 2024 (LB-RES) BETWEEN: M/S SHANKARA SHET TOWERS ASSOCIATION MAIN ROAD KUNDAPURA UDUPI DISTRICT REPRESENTED BY ITS PRESIDENTS SRI SUDHINDRA SHET S/O LATE B ASHOK SHET. …PETITIONER (BY SRI. MANJUNATH V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MINISTRY OF REVENUE VIDHANA SOUDHA BENGALURU-560001. 2. THE CHIEF OFFICER THE TOWN MUNICIPALITY KUNDAUPRA TALUK KUNDAUPRA, UDUPI DISTRICT UDUPI-576201. …RESPONDENTS (BY SRI. KENCHE GOWDA. AGA FOR R1 ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE DATED: 14.06.2024 ISSUED BY THE R-2 CALLING UPON PETITIONER TO REMOVE THE COMPOUND WALL AT ANNEXURE-B IN SO FAR AS PETITIONER IS CONCERNED AND DIRECT THE R-2 TO VERIFY THE DOCUMENTS OF PETITIONER PERTAINING TO THE PROPERTY Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28874 WP No. 18287 of 2024 IN QUESTION MENTIONED HEREUNDER AS SCHEDULE PROPERTY AND MEASURE THE SAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner has filed this petition calling in question the notice dated 14.06.2024 issued by the second respondent, and the second respondent has issued this notice calling upon the petitioner to remove the compound wall. This petition has been pending for two years. Sri Manjunath V., the learned counsel for the petitioner, on query, submits that after receipt of this impugned notice, the petitioner has responded in writing without prejudice to prosecute this petition and no action is taken by the respondent. If the petitioner has responded to the notice and the authorities are yet to decide on the cause, this Court must conclude that this petition must be disposed of without prejudice to the petitioner to approach this Court if there is - 3 - HC-KAR NC: 2026:KHC:28874 WP No. 18287 of 2024 a cause based on any subsequent act or decision in the light of its reply. With liberty in this regard, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE CM LIST NO.: 1 SL NO.: 1