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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

2

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)

3

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

4

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.

5

Petition accordingly stands disposed of.

Sd/-

JUDGE

lnn

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