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2025 Supreme(Online)(Kar) 19299

KARNATAKA HIGH COURT
S Sunil Dutt Yadav, J
N.S. Venkatesh – Appellant
Versus
Union of India – Respondent


Advocates:
For the Appellants/Petitioners: Kalyan R, Venugopala G.M, Harsha P Banad
For the Respondents: Anupama Hegde, Manjunath B.R, Mohammed Jaffar Shah, A.C. Chethan

Table of Content
1. property rights and ownership (Para 1 , 2)
2. authorities claim adherence to legal procedures (Para 3 , 4)
3. necessity of statutory enquiry for encroachment (Para 5 , 6)
4. petitions disposed off with observations (Para 7)

ORAL ORDER

The property owners and the persons in possession have approached this Court in all the three matters seeking for directions by this Court prohibiting the respondents from taking possession and demolishing the properties of the petitioners without due process of law.

2. It is the case of the petitioners that the properties have been built for more than 70 years. It is stated that frequently the respondent-Authorities i.e., either the Highways Authority or the Municipality Authority have been making markings on the properties of the petitioners stating that the properties constitute encroachment on public property and are required to be demolished.

3. Learned Additional Government Advocate and counsel appearing for the National Highways Authority submits that they would follow the process under law as WP No. 17742 of 2023 HC-KAR regards the petitioners, if they were to take action against the petitioner’s properties. The said submission is

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