KARNATAKA HIGH COURT - BENCH AT DHARWAD
DR. B VIJAYENDRA S/O RAMACHANDRA BHAT – Appellant
Versus
THE DEPUTY COMMISIONER – Respondent
1. The case of the petitioner is that, she is the owner
of
the
property
bearing
Door
No.566,
situated
in
Sy.No.419/C2 of Amaravathi Village in Hosapete Hobali and
that he has not encroached any other property illegally and
he has not put up any illegal construction in spite of which
impugned
notice
dated
09.09.2022
bearing
No.¸ÀA/PÀA/¨sÀÆ«Ä/77(38J)/2022-23, vide Annexure3A to the
writ petition is issued. Aggrieved by the same, the instant
writ petition is filed with a prayer to quash the said
impugned notice.
The learned AGA upon instructions submits that
the petitioner has indeed encroached as alleged in the
notice and the respondent 3 authority would only remove
the encroached area and the illegal construction put up
thereon.
- 3 -
3.
The learned counsel for the petitioner submits
that, if given an opportunity she would demonstrate before
authorities that she has not encroached any property nor
has put up any illegal construction. Hence the following:
ORDER
i)
The petitioner shall appear before respondent
No.2, who has issued impugned notice on
09.09.2022 with necessary documents.
ii)
Respondent No.2 shall hear the petitioner and
verify the site physically, if required and only
t
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