- 1 - HC-KAR NC: 2026:KHC-D:2096 WP No. 106407 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI WRIT PETITION NO.106407 OF 2025 (GM-PP) BETWEEN: SRI. KHADARHUSAIN GOUSUSAB MULLA, AGE. 52 YEARS, OCC. BUSINESS, R/O. OF WARD NO.22, BYALAVADAGI, MUNDARAGI, TQ. MUNDARGI, DISTRICT. GADAG-582118. …PETITIONER (BY SRI. D.L. LADKHAN, ADVOCATE) AND: 1. CITY MUNICIPAL COUNCIL, MUNDARAGI BY ITS CHIEF OFFICER, MUNDARAGI, DIST. GADAG-582118. 2. THE DEPUTY COMMISSIONER, GADAG DISTRICT, DISTRICT ADMINISTRATIVE COMPLEX, HUBLI ROAD, GADAG-582101. 3. THE STATE OF KARNATAKA, BY DIRECTOR OF MUNICIPAL ADMINISTRATION VISHVESHWARAIA TOWER, B R AMBEDKAR ROAD, SAMPANGI RAMA NAGAR, VASANTH NAGAR, BENGALURU-560001. 4. THE DEPUTY DIRECTOR OF LAND RECORDS, DEPARTMENT OF LAND SURVEY, MUNDARGI, DISTRICT. GADAG-582118. YASHAVANT NARAYANKAR Digitally signed by YASHAVANT NARAYANKAR Date: 2026.02.18 10:45:07 +0530 - 2 - HC-KAR NC: 2026:KHC-D:2096 WP No. 106407 of 2025 5. THE DEPUTY DIRECTOR OF TOWN AND COUNTRY PLANNING, GADAG DISTRICT, DISTRICT ADMINISTRATIVE COMPLEX, HUBLI ROAD, GADAG-582101. …RESPONDENTS (BY SRI. G.N. NARASAMMANAVAR, ADVOCATE FOR R1; SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA, PRAYING TO 1) ISSUE ANY APPROPRIATE WRIT OR ANY ORDER OR ANY DIRECTION IN THE NATURE OF WRIT OF CERTIORARI QUASHING THE NOTICE ISSUED BY RESPONDENT NO.1 BEARING NO. SANKE;PUSAMUM/KANDAYA.VI/VAHI/2025-2026/146 DATED 24- 06-2025, PRODUCED AT ANNEXURE-A, INFORMING PETITIONER TO DEMOLISH THE COMMERCIAL COMPLEX/SHOPPING COMPLEX, IN THE INTEREST OF JUSTICE. (2) ISSUE ANY APPROPRIATE WRIT OR ANY ORDER OR ANY DIRECTION IN THE NATURE OF WRIT OF MANDAMUS TO HEAR PETITIONER AND CONSIDER REPLY DATED 27-06-2025 VIDE ANNEXURE-B, BEFORE CONSIDERING ANY ACTION TO DEMOLISHING, IN THE INTEREST OF JUSTICE. (3) ANY OTHER RELIEF AS THIS HONOURABLE COURT DEEMS FIT AND NECESSARY IN THE INTEREST OF JUSTICE TO PROTECT THE PEACEFUL POSSESSION AND ENJOYMENT OF COMMERCIAL COMPLEX, BY THE ACTION OF RESPONDENT NO.1, IN THE INTEREST OF JUSTICE. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC-D:2096 WP No. 106407 of 2025 CORAM: THE HON'BLE SMT. JUSTICE LALITHA KANNEGANTI ORAL ORDER The present writ petition is filed seeking the following prayers: “(1) Issue any appropriate writ or any order or any direction in the nature of writ of certiorari quashing the Notice issued by Respondent No.1 bearing No. Sanke;PuSaMum/Kandaya.Vi /VaHi/2025-2026/146, dated 24-06-2025, vide ANNEXURE-A, informing the petitioner to demolish the commercial complex/shopping complex, in the interest of justice. (2) Issue any appropriate writ or any order or any direction in the nature of writ of mandamus to hear the petitioner and consider reply dated 27-06-2025 vide ANNEXURE-B, before considering any action to demolishing, in the interest of justice. (3) Any other relief as this Hon’ble Court deems fit and necessary in the interest of justice to protect the peaceful possession and enjoyment of commercial complex, by the action of Respondent No.1, in the interest of justice.” 2. It is the case of the petitioner that he had constructed a building in his property by obtaining necessary building license from the Town Municipal Council, Mundargi. It is his case that he had obtained license on 16.03.2021 for construction of cellar, ground plus two. The said license was renewed for the period from 16.03.2022 to 15.03.2023. The - 4 - HC-KAR NC: 2026:KHC-D:2096 WP No. 106407 of 2025 petitioner had applied for the electricity supply connection to the said building and the same was granted. Respondent No.1-Town Municipal Council had written a letter to the HESCOM dated 26.11.2024 to disconnect the electricity power supply to the petitioner’s building. The petitioner came to know about the said information, after HESCOM issued notice dated 09.12.2024 to the petitioner, which was served on 12.12.2024. Thereafter, respondent No.1 at the behest of local elected councilor had issued a notice dated 24.06.2025 to the petitioner under the Karnataka Public Premises (Eviction of Unauthorized Occupants) Act, 1974 (for short, ‘Act, 1974’). 3. It is the grievance of the petitioner that the respondents without following due process are trying to demolish the petitioner’s property and they have no such power to do so. It is submitted that before demolishing the property, an order needs to be passed. 4. Learned counsel appearing for the respondent/Town Municipal Council submits that the petitioner had encroached the public property and made the - 5 - HC-KAR NC: 2026:KHC-D:2096 WP No. 106407 of 2025 construction. It is further submitted that the public properties are vested with the Town Municipal Council and the Town Municipal Council has a power to issue notice under the Act, 1974. It is submitted that even before the order is passed, the petitioner has come before this Court and obtained interim order. It is submitted that they will follow the due process before taking any action against the petitioner’s property. 5. Having heard learned counsels on either side, perused the material on record. If the petitioner has constructed the building by encroaching the public property, the Town Municipal Council is vested with the power to issue notice as contemplated under the Act, 1974. Now, in this case, the Town Municipal Council had already issued the notice and the petitioner had also submitted a reply. In that view of the matter, this Court is passing the following: ORDER i. The respondents, as contemplated under the Act, 1974, shall pass an order in accordance with law, if the petitioner has - 6 - HC-KAR NC: 2026:KHC-D:2096 WP No. 106407 of 2025 constructed the building contrary to the provisions of the Act, 1974. Till passing such orders, the respondents shall not take any coercive steps against the petitioner’s property. ii. Accordingly, the writ petition is disposed of. iii. All I.As. in this writ petition shall stand closed. Sd/- JUSTICE LALITHA KANNEGANTI JTR CT:UMD List No.1 Sl.No.35.1