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NC: 2026:KHC-D:4962 WP No. 114797 of 2019

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2^ND DAY OF APRIL, 2026

BEFORE THE HON'BLE MS. JUSTICE JYOTI M

WRIT PETITION NO. 114797 OF 2019 (LB-RES)

BETWEEN:

1. DHAKSHINA BHARATH HINDHI PRACHAR SABHA MADRAS (KARNATAKA BRANCH), DEPUTY COMMISSIONER OFFICE COMPOUND,

DHARWAD, R/BY ITS SECRETARY, SRI. S. RADHAKRISHNAN S/O SURALI, AGE: 50 YEARS, OCC: THE SECRETARY,

DHAKSHINA BHARATH HINDHI PRACHAR SABHA, DHARWAD, (KARNATAKA BRANCH), PIN CODE: 580 001.

2. DHAKSHINA BHARATH HINDHI PRACHAR SABHA’S LAW COLLEGE, BANNIKATTI AREA,

GADAG ROAD, KOPPAL, R/BY ITS PRINCIPAL, PROF. DR.BASAVARAJ

S/O SHIVAPUTRAPPA HANASI, AGE: 53 YEARS, PRINCIPAL,

DHAKSHINA BHARATH HINDHI PRACHAR SABHA’S LAW COLLEGE, BANNIKATTI AREA, GADAG ROAD,

Digitally signed by CHANDRASHEKAR LAXMAN KOPPAL, PIN CODE: 583 231.

KATTIMANI Location: HIGH … PETITIONERS COURT OF KARNATAKA (BY SRI. MAHESH WODEYAR, ADVOCATE)

AND:

1. STATE OF KARNATAKA, DEPARTMENT OF MUNICIPAL ADMINISTRATION,

M.S. BUILDING, AMBEDKAR ROAD, BENGALURU-560 001, R/BY ITS SECRETARY.

2. DEPUTY COMMISSIONER, KOPPAL, PIN CODE: 583 231.

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3. CITY MUNICIPAL COUNCIL, KOPPAL, R/BY ITS COMMISSIONER,

PIN CODE: 583 231.

4. ANANTH RAO S/O KRISHNA RAO PATIL, MAJOR, OCC. ADVOCATE,

R/O. BAVIKATTI AREA, GADAG ROAD, NEAR HINDI B.ED COLLEGE, KOPPAL, TQ. AND DIST. KOPPAL.

… RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 AND R2;

SRI. R.K. KULKARNI, ADVOCATE FOR R3; SRI. SUHAS HOSAMANI, ADVOCATE FOR SRI. A.S. PATIL, ADVOCATE FOR R4)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS.

THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS

UNDER:

ORAL ORDER

Sri.Mahesh Wodeyar., counsel for the petitioners,

Sri.P.N.Hatti., HCGP for respondents 1 and 2, Sri.R.K.Kulkarni., counsel or respondent No.3 and counsel Sri.Suhas Hosamani., on behalf of Sri.A.S.Patil., for respondent No.4 have appeared in

person.

2. The petition is filed seeking the following prayers:

““i) a writ or order or direction in the nature of certiorari quash the notice/order dated 16/24.09.2019 bearing No.Ko Na Sa : Kattada:

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2019-20/947 and notice/order dated 16/24.09.2019 bearing No. Ko Na Sa : Kattada: 2019-20/948 issued by the Respondent No.3 vide Annexure-A & B to

the Writ Petition.

ii) issue any other writ or order or direction which this Hon’ble court deems fit under the circumstances

of the case in the interest of justice and equity.”

3. Counsel for the respective parties urged several

contentions. The arguments are heard and the records are

perused carefully.

4. The respondent–authority has issued notices alleging

that the petitioners have put up construction in violation of the relevant provisions of the Karnataka Municipalities Act, 1964. The grievance of the petitioners is that no reasonable opportunity has been afforded to them to submit their reply to the said notices, and in the meanwhile, coercive steps are sought

to be taken for demolition and/or eviction.

This Court has perused the notices with due care. A

reading of the notices indicates that the respondent–authority has proposed to take action for demolition and eviction. In matters involving property rights, it is imperative that an adequate opportunity be provided to the affected parties to put

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forth their objections. In that view of the matter, it is just and appropriate to direct the petitioners to submit their reply to the

impugned notices.

Accordingly, the petitioners are directed to submit their

reply within a period of four (4) weeks from the date of receipt of a copy of this order. Upon receipt of such reply, the respondent– authority shall consider the same in accordance with law and pass a reasoned and speaking order. Till such time an order is passed by the respondent–authority,