Writ petition challenging an order vacating encroachments sworn without notice. Court treated the impugned order as a show cause notice, granted two weeks to reply, and adjourned hearing to 10.12.2024.
Petitioners granted two weeks to reply to the impugned order treated as a show cause notice and directed to appear on 10.12.2024 for hearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 30723 OF 2024 (KLR-RES)
BETWEEN:
PETITIONER NOs.1 AND 2 ARE R/AT O.B.CHOODAHALLI, KANAKAPURA ROAD, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK. BENGALURU-560 061.
Digitally
signed by CHAITHANYA K Location: High Court of Karnataka
AND:
…RESPONDENTS
(BY SMT. B.P.RADHA, AGA FOR R1 TO R3)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.THNL-LNDS0LND/1094/2024 DATED 25.09.2024 PASSED BY RESPONDENT NO.3 AT ANNEXURE-K AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
NC: 2024:KHC:46650 WP No. 30723 of 2024
ORAL ORDER
given to the petitioners to reply for the same and thereafter, authorities concerned can take suitable action in accordance with law. Hence, the following:
ORDER
i) The impugned order dated 25.09.2024 bearing No.THNL-LNDS0LND/1094/2024 issued by respondent No.3 vide Annexure-K to the writ petition shall be treated as show cause notice
and the petitioners shall reply to the said show cause notice within a period of two weeks from
NC: 2024:KHC:46650 WP No. 30723 of 2024
today and shall appear before respondent No.3 on 10.12.2024 at 3.00 p.m.;
SD/(M.I.ARUN) JUDGE
PGG
List No.: 1 Sl No.: 29
1 issue framed by the court
Whether the impugned order vacating alleged encroachments can be treated as a show cause notice without prior notice to petitioners.
SRI. T.MOHAN KUMAR
SRI.T.VENKATESH
SRI. MANJUNATHA M.
SRI. YASHAS KUMAR SINGH B.
THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT
THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION
M.I. ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
