- 1 - HC-KAR NC: 2026:KHC:5626 WP NO.6371 OF 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.6371 OF 2022 (GM-RES) BETWEEN: JAGADEESH PAI S/O RAGHURAM PAI, AGED ABOUT 59 YEARS, R/AT MAHALASA NIVAS, BARYA VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. …PETITIONER (BY SRI. KESHAVA BHAT A., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (PWD) BELTHANGADY SUB DIVISION, BELTHANGADY, DAKSHINA KANNADA DISTRICT - 574 214. 3. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (PWD) MANGALURU DIVISION, MANGALURU, DAKSHINA KANNADA DISTRICT - 574 142 …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5626 WP NO.6371 OF 2022 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-ASIDE THE IMPUGNED ORDER/NOTICE OF THE RESPONDENT NO.2 DATED 02ND MARCH, 2022 VIDE ANNEXURE-A; AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the Notice dated 02nd March, 2022 (Annexure-A) issued by the respondent No.2. 2. Heard Sri. Keshava Bhat A., learned counsel appearing for the petitioner and Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for respondents. 3. Sri. Keshava Bhat A., learned counsel appearing for the petitioner contended that, the respondent No.2 without issuing prior notice to the petitioner had issued the impugned Notice for removal of structure. 4. Having heard the learned counsel appearing for the petitioner and on careful perusal of the impugned notice, the same would indicate that the petitioner had encroached the - 3 - HC-KAR NC: 2026:KHC:5626 WP NO.6371 OF 2022 Road. Therefore, the respondent No.2 is directed to take decision in the matter after conducting spot inspection and survey as to ascertain whether the petitioner had encroached the portion of the Road or not. 5. Since, the petitioner is represented by his counsel, respondent No.2 shall conduct the spot inspection and survey on 25th February, 2026 at 10.30 a.m. It is made clear that the petitioner shall present on spot on the aforesaid date for spot inspection and survey without waiting for notice in this regard. 6. With this observation, writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 22