- 1 - HC-KAR CNR: KAHC010582512026 NC: 2026:KHC:54829 WP No. 26269 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF OCTOBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 26269 OF 2026 (LB-RES) BETWEEN: 1. SRI.MANJEGOWDA S/O CHIKKEGOWDA, AGED ABOUT 58 YEARS, R/AT HOOVINAHALLI VILLAGE, HONGERE POST, SHANTIGRAMA VILLAGE AND HOBLI HASSAN TALUK AND DISTRICT-573220. 2. SRI. PUTTARAJU H M S/O MANJEGOWDA, AGED ABOUT 36 YEARS, R/AT HOOVINAHALLI VILLAGE, HONGERE POST, SHANTIGRAMA VILLAGE AND HOBLI HASSAN TALUK AND DISTRICT-573220. 3. SRI DHARMA H M S/O MANJEGOWDA, AGED ABOUT 33 YEARS, R/AT HOOVINAHALLI VILLAGE, HONGERE POST, SHANTIGRAMA VILLAGE AND HOBLI HASSAN TALUK AND Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010582512026 NC: 2026:KHC:54829 WP No. 26269 of 2026 DISTRICT-573220. …PETITIONERS (BY SRI. DHIRAJ A K.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYATRAJ, 3RD FLOOR, M.S. BUILDING, 3RD GATE, DR. AMBEDKAR BENGALURU-560 001. 2. COMPETENT AUTHORITY AND EXECUTIVE OFFICER, TALUK PANCHAYAT, B.M. ROAD, N.R.CIRCLE, HASSAN 573201. 3. PANCHAYAT DEVELOPMENT OFFICER, SHANTIGRAMA GRAMA PANCHAYAT, SHANTIGRAMA VILLAGE AND HOBLI HASSAN TALUK AND DISTRICT-573220. …RESPONDENTS (BY SRI.BOPANNA BELLIAPPA., AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- SET ASIDE THE ORDER DATED 05.08.2026 IN NO. TA PAM HA/SI (5)/GRA. TA. KA. GA OTTUVARI/SHANTIGRAMA/2026-27 (TALUK - 3 - HC-KAR CNR: KAHC010582512026 NC: 2026:KHC:54829 WP No. 26269 of 2026 PANCHAYAT HASSAN/C(5)/GRAMA. THANA. LAND. ENCROACHMENT/SHANTIGRAMA/2026-27) PASSED BY EXECUTIVE OFFICER TALUK PANCHAUAT, HASSAN (R2) DIRECTING REMOVAL OF SHED OF PETITIONERS WITHIN 15 DAYS AT THEIR OWN COST AND REPORT THE SAME TO THE GRAMA PANCHAYATH, PRODUCED AT ANNX-F. 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 learned counsel for the petitioners has filed a memo seeking withdrawal of the petition. The memo which reads as under: “That the petitioners have challenged the order passed by the Executive Officer, Taluk Panchayath passed under the provisions of Karnataka Panchayat Raj (Removal of Obstructions and Encroachment) Rules, 2011 in this writ petition. Since the order impugned is an appealable order under Rule 5 of the said Rules, the petitioner has subsequently filed an appeal before the Chief Executive Officer, Zilla Panchayat in Appeal No.01/2026-27 and - 4 - HC-KAR CNR: KAHC010582512026 NC: 2026:KHC:54829 WP No. 26269 of 2026 sought for an interim prayer. In the circumstance stated above, this Hon’ble Court may be pleased to permit the petitioners to withdraw the above writ petition with liberty to prosecute the appeal before the competent authority keeping open all contentions and directing the appellate authority to consider the interim prayer in the interest of justice. The memo is accepted and the petition stands dismissed as withdrawn. Sd/- (B M SHYAM PRASAD) JUDGE SA Ct:sr