2022 Supreme(Online)(Kar) 53234
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2022
BEFORE
THE HON9BLE MR. JUSTICE S.G.PANDIT
WRIT PETITION NO.5274 OF 2022 (GM-FOR)
BETWEEN
1. SRI R NATARAJ
AGED ABOUT 62 YEARS
S/O LATE RAMASWAMY
R/O KOTE,
WARD NO.04
THILAKKAPPA BHEEDI
CHANNARAYAPATTANA TOWN & TALUK
HASSAN DISTRICT-573 116.
2. SRI C B MANJUNATH
AGED ABOUT 42 YEARS
S/O LATE BALAKRISHNA C R
R/AT 'NENAPU NILAYA'
KAGGALI KAVALU CIRCLE
FILTER HOUSE,
NEAR BSNL TOWER
CHANNARAYAPATNA
HASSAN-573 116.
...PETITIONERS
(BY SRI SOMANATHA H, ADVOCATE)
AND
1. STATE OF KARNATAKA
REPRESENTED BY
ADDITIONAL CHIEF SECRETARY
FOREST, ECOLOGY AND ENVIRONMENT DEPARTMENT
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KARNATAKA GOVERNMENT SECRETARIAT
ROOM NO.448,
4TH FLOOR
GATE NO.2, M.S. BUILDING
BENGALURU-560 001.
2. THE DEPARTMENT OF FOREST
REPRESENTED BY PRINCIPAL SECRETARY
VIDHANA SOUDHA,
M S BUILDING
BENGALURU-560 001.
3. THE DEPUTY CONSERVATOR OF FOREST
HASSAN DISTRICT
HASSAN-573 201.
4. THE ASSISTANT RANGE FOREST OFFICER
CHANNARAYAPATNA SUB DIVISION
CHANNARAYAPATNA TALUK
HASSAN DISTRICT-573 116.
5. THE RANGE FOREST OFFICER
CHANNARAYAPATNA TALUK
HASSAN DISTRICT-573 116.
6. THE TAHSILDAR
OFFICE OF THE TAHSILDAR
CHANNARAYAPATNA TALUK
CHANNARAYAPATNA -573 116.
7. THE DEPUTY COMMISSIONER
HASSAN, D C OFFICE, B M ROAD
HASSAN-573 201.
8. THE ASSISTANT COMMISSIONER
HASSAN DISTRICT
HASSAN-573 201.
&.RESPONDENTS
(BY SMT. RASHMI PATIL, HCGP)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED SHOW CAUSE NOTICE DATED 28TH JANUARY, 2022
ISSUED BY RESPONDENT 4 AT ANNEXURE-A. AND ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
Learned High Court Government Pleader accepts notice for
respondents 1 to 8.
2. With consent of learned counsels for the parties, this
petition is taken up for final disposal.
3. Petitioners are before this Court challenging Annexure-
A Notice bearing No.Sa.Aa.Sum.Cha.Ra.Pa/Bhoo Manjurati/
Kaggali Kavalu/408/2021-22 dated 28th January, 2022 wherein
the petitioners are directed to vacate and hand over the land in
petition schedule property.
4. Learned Counsel for the petitioners would submit that
notice is in the nature of order. The Notice directs the
petitioners to vacate and hand over the vacant possession of the
petition schedule properties. Before issuing such a direction, no
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notice not opportunity was afforded to the petitioners. It is the
submission of the learned counsel that since it involves property
right, the respondent-authorities ought to have issued notice and
after hearing the petitioners, the respondent-authorities should
have proceed further.
5. Learned High Court Government Pleader submits that
Annexure-A Notice be treated as show-cause notice providing an
opportunity to the writ petitioners to submit their reply.
6. Taking note of the above submission, Annexure-A
Notice
bearing
No.Sa.Aa.Sum.Cha.Ra.Pa/Bhoo
Manjurati/
Kaggali Kavalu/408/2021-22 dated 28th January, 2022 shall be
treated as show-cause notice and the petitioners are granted
four weeks time to submit their reply to Annexure-A. On receipt
of the reply from the petitioners, the respondent-authorities are
directed to consider the reply and pass appropriate order in
accordance with law. Till consideration of the reply and passing
of the order, the parties to maintain status-quo. All contentions
of the parties are left open.
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Petition accordingly stands disposed of.
Sd/-
JUDGE
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