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2026 DAILYLAW 30516 (KAR)

SRI MURAD HUSSAIN, v. CITY MUNICIPAL COUNCIL,

WP/19737/2026 · 2026-07-24

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010432302026 NC: 2026:KHC:38182 WP No. 19737 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19737 OF 2026 (LB-RES) BETWEEN: SRI MURAD HUSSAIN, S/O MADIKERI MEER, AGED ABOUT 46 YEARS, RESIDING AT NO.10, 6TH CROSS, 4TH MAIN, NEW GURAPPANA PALYA BENGALURU SOUTH DISTRICT BENGALURU - 560 029 …PETITIONER (BY SRI. NAVEEN J N.,ADVOCATE) AND: 1. CITY MUNICIPAL COUNCIL, MADIKERI, NEAR KAVERI KALAKESHETHRA, COORG DISTRICT - 571 201 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010432302026 NC: 2026:KHC:38182 WP No. 19737 of 2026 2. TAHSILDAR MADIKERI TALUK, MADIKERI DIST -571201 …RESPONDENTS (BY SRI. KENCHE GOWDA, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN ORDER OR DIRECTION OR WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS TO CONSIDER AND DISPOSE OFF THE APPLICATION FOR REGULARIZATION OF UNAUTHORIZED CONSTRUCTION OF THE PROPERTY IN QUESTION MARKED AT ANNEXURE-A TO THE WRIT PETITION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR CNR: KAHC010432302026 NC: 2026:KHC:38182 WP No. 19737 of 2026 ORAL ORDER The petitioner asserts that his father, Mr. M. K. Ameer, was in possession of a residential site measuring 0.07 cents in Stewart Hill, Block No.14 of Madikeri Town and that after his father's demise, he continues to be in possession. The petitioner also asserts that the construction by his father in this property is now demolished and the site is vacant. The petitioner's grievance is with the Show Cause notices issued by the second respondent and these notices are issued to extend an opportunity to the petitioner to show cause against cancellation of the revenue entries in his favour for this property. 2. Mr. J. N. Naveen, the learned counsel for the petitioner, submits that the revenue entries are based on the verification of the possession of the property and these have prevailed over years. The learned counsel also submits that if the petitioner's possession of the property cannot be disputed, it also - 4 - HC-KAR CNR: KAHC010432302026 NC: 2026:KHC:38182 WP No. 19737 of 2026 cannot be disputed that the petitioner's application for regularization as contemplated under the Karnataka Land Revenue Act, 1964 is pending consideration. 3. Mr. Kenche Gowda, a learned Additional Government Advocate who accepts notice for the second respondent, is heard for disposal of the petition examining whether this Court must interdict the proceedings pursuant to the impugned notices with any order. This Court is of the view that the petitioner must respond to the notices and avail remedy once there is a reasoned order and if there is an occasion for the same. As such, the petition must be disposed of with liberty to the petitioner to file a response to the Show Cause Notices, and the petitioner must have reasonable time. 4. Mr. J. N. Naveen, at this stage, submits that the petitioner's apprehension is that there will be coercive measures even before the response is - 5 - HC-KAR CNR: KAHC010432302026 NC: 2026:KHC:38182 WP No. 19737 of 2026 considered. It is trite that when opportunity is extended, there must be no precipitation until the cause shown is examined; otherwise, the opportunity becomes an empty formality. In the light of the afore, the following. ORDER The petition stands disposed of with liberty to the petitioner to file a response to the impugned Show Cause Notices within the next four [4] weeks observing that there shall be no precipitation until the cause shown by the petitioner is considered by a reasoned order. Sd/- (B M SHYAM PRASAD) JUDGE RB