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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03^RD DAY OF SEPTEMBER , 2021

PRESENT

THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR

AND

THE HON’BLE MR.JUSTICE P.KRISHNA BHAT

WRIT PETITION No.13416/2020 (GM-KLA)

BETWEEN

SMT. KALPANA N SHETTY

AGED ABOUT 58 YEARS,

W/O Y. NARAYANA SHETTY,

RESIDING AT “ULLAYA” RAMA NAGARA,

NADSAL VILLAGE,

PADUBIDRI POST,

UDUPI TALUK AND DISTRICT

REPRESENTED BY HER HUSBAND AND

POWER OF ATTORNEY HOLDER

SRI Y. NARAYANA SHETTY, AGED ABOUT 64 YEARS,

RESIDING AT “ULLAYA” RAMA NAGARA,

NADSAL VILLAGE, PADUBIDRI POST,

UDUPI, TALUK AND DISTRICT 570104 .. PETITIONER.

(BY SRI JAYAKARA SHETTY H., ADVOCATE)

AND

1. THE STATE OF KARNATAKA

REPRESENTED BY

PRINCIPAL SECRETARY (PANCHAYAT RAJ)

RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT,

M S BUILDING, BENGALURU 56001

2. THE REGISTRAR

OFFICE OF THE KARNATAKA LOKAYUKTHA,

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M S BUILDING, BENGALURU 560001.

3 . THE CHIEF EXECUTIVE OFFICER

ZILLA PANCHAYATH,

RAJATHADRI ‘C’ BLOCK.

MANIKPAL, UDUPI 576104.

4 . THE EXECUTIVE OFFICER

TALUK PANCHAYAT, UDUPI,

UDUPI 576101.

5 . THE CHIEF ENGINEER

PANCHAYAT RAJ ENGINEERING DIVISION,

RAJATHADRI ‘C’ BLOCK, MANIPAL, UDUPI 576104

6 . THE PANCHAYAT DEVELOPMENT OFFICER

GRAMA PANCHAYAT PADUBIDRI,

NADSAL VILLAGE, PADUBIDRI,

UDUPI 576104.

7 . SRI SHASHIDHAR SHETTY

ADVOCATE,

SWASTIK PARK, 1-507,

POST PADUBIDRI, UDUPI,

TALUK AND DISTRICT -574111.

...RESPONDENTS

(BY SRI MAHADESHWARAN C.N., AGA, FOR R1,

SRI VENKATESH S.ARABATTI, ADV., FOR R-2,

SRI ASHOK N. NAYAK, ADV., FOR R-4 TO R-6,

SRI S.K.ACHARYA, ADV., FOR R-7,-R-3 SERVED)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE

CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS

FROM R-2 AND ALSO FROM R-6 WHICH ULTIMATELY

RESULTED IN PASSING THE IMPUGNED ORDER ANNEXURE-A

DATED 17.10.2019 MADE IN COMPLAINT AND IMPUGNED

NOTICE ANNEXURE-B DATD 19.03.2020 ISSUED BY R-6 AND

QUASH

THE

IMPUGNEED

ORDER

ANNEXURE-A

DATED

17.10.2019 PASSED BY THE HON’BLE UPALOKAYUKTHA MADE

IN COMPLAINT IN SO FAR IT RELATES TO PROPERTY OF THE

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PETITIONER IS ONCERNED AND QUASH the IMPUGNED

NOTICE

DATED

19.03.2020

ANNEXURE-B

BEARING

NO.1768/2019-20 ISSUED BY R-6 ASKING THE PETITIONR TO

REMOVE THE ALLEGED ENCROACHED PORTION OF HER

BUILDING.

THIS WP COMING ON FOR ‘ORDERS’ THIS DAY,

P.S. DINESH KUMAR J., MADE THE FOLLOWING:

ORDER

In the report submitted by Hon’ble Upa Lokayukta dated

17-10-2019, under Section 12(1) of the Karnataka Lokayukta

Act, 1984¹, it has been directed to remove the encroachments

in the alleged road connecting Highway No.66 and Alangaru

Panchayat. Pursuant thereto, Padubidri Grama Panchayat

issued notice as per Annexure-B calling upon the petitioner to

remove the unauthorised construction and report to the Zilla

Panchayat within 15 days from the date of notice, failing

which action has been threatened in accordance with law.

2.

Sri Jayakara Shetty, learned Advocate appearing

for the petitioner submitted that petitioner/appellant has

obtained licence from the Panchayat on 16-12-1994 and has

put up construction in accordance with the sanctioned plan on

the converted land.

1 'Act' for short

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3.

The Panchayat has taken a stand before the

Hon’ble Upa Lokayukta that at the time of granting the licence

the land in question was not belonging to the Zilla Panchayat.

Therefore, the licence has been given with certain conditions.

4.

The Hon’ble Upa Lokayukta in para-8 of the report

has recorded that the construction has been put up without

“No

Objection”

from

the

Panchayat

Raj

Engineering

Department.

5.

In substance, the petitioner has put up the

construction as per the licence granted by the Grama

Panchayat. In the circumstances, in order to take further

action as per report submitted under Section 12(1) of the Act,

the petitioner/appellant will