Karnataka High Court
Asgar Hussain S/O. Mohammad Hussain ... vs State Of Karnataka on 15 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:8779
WP No. 104627 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 15TH DAY OF JULY 2025
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO. 104627 OF 2025 (GM-RES)
BETWEEN:
ASGAR HUSSAIN S/O. MOHAMMAD HUSSAIN ANSARI,
AGED ABOUT 55 YEARS, OCC: DOCTOR,
R/O. SANAPUR VILLAGE, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
...PETITIONER
(BY SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
R/BY ITS CHIEF SECRETARY,
VIDHAN SOUDHA BUILDING,
BENGALURU-560001.
VIJAYALAKSHMI
M KANKUPPI
2. HAMPI WORLD HERITAGE AREA MANAGEMENT
AUTHORITY, HOSAPETE,
Digitally signed by
VIJAYALAKSHMI M
DISTRICT: VIJAYANAGAR-583239,
KANKUPPI
Location: HIGH COURT
OF KARNATAKA
R/BY ITS COMMISSIONER.
DHARWAD BENCH
Date: 2025.07.16
10:50:28 +0530
3. THE DEPUTY COMMISSIONER,
KOPPAL DISTRICT, KOPPAL-583231.
4. THE THAHASILDAR, GANGAVATHI,
GANGAVATHI, DIST: KOPPAL-583227.
...RESPONDENTS
(BY SRI. S.V. MAGADUM, AGA FOR R1, R3 & R4;
SRI. PRASHANT F. GOUDAR, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR
DIRECTION IN THE NATURE OF CERTIORARI QUASHING THE ORDER
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NC: 2025:KHC-D:8779
WP No. 104627 of 2025
HC-KAR
DATED 11/07/2025 PASSED BY THE RESPONDENT NO.2 IN
NO.HAVIPAPRANIPRAA/KA/CCC-126/2017/2024-25 AND THE COPY
OF THE SAME IS PRODUCED AS AT ANNEXURE-C TO THE WRIT
PETITION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) It is the case of petitioner that he is the owner of plot bearing No.75 situated at Sanapur village in Gaghavathi Taluka and it is an ancestral property. His name is entered in the concerned revenue records in the Gram Panchayat and has given him permission to put up construction of the building and accordingly, he has put up the construction of the building. This being the state of affairs, respondent No.2 issued notice on 11.07.2025 intending to conduct a demolition drive with the help of respondents No.3 and 4. This notice is called in question by the petitioner on the ground that the notice is illegal, arbitrary and contrary to law as the petitioner has not been heard and the impugned notice is for demolition of the property jointly -3- NC: 2025:KHC-D:8779 WP No. 104627 of 2025 HC-KAR with respondents No.3 and 4 including taking assistance of Police personnel, hence the petitioner is before this Court.
2. Learned counsel Sri Prashant F. Goudar, appearing for respondent No.2 contends that the matter pertains to the Hampi World Heritage Area Management Authority Act, 2002 (for short, the HWHAMA Act') and coming under the Ancient Monuments and Archaeological Sites and Remains Act, 1958 and as per the Judgment of Hon'ble Apex Court dealing with these matters specifically and a direction to demolish and remove all structures constructions illegal without permission put up coming under the jurisdiction of the HWHAMA Act. Therefore, he has a mandate from the Hon'ble Apex Court to not permit any illegal constructions and if any illegal constructions are put up within the restricted and prohibited area, same shall be demolished. Accordingly, a notice is issued vide Annexure-C dated 11.07.2025.
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NC: 2025:KHC-D:8779 WP No. 104627 of 2025 HC-KAR
3. Now the question arises as to whether the petitioner has to put up any illegal construction contrary to the permission granted, if any, by the authorities including respondent No.2. Therefore, respondent shall call upon the petitioner to put forth the objections and clarify regarding illegal/unauthorized construction, if any.
4. Petitioner is at liberty to place all such materials to show on the contrary and respondent No.2 shall consider the same in accordance with law by providing suitable opportunity of hearing and pass orders in accordance with law.
5. Petitioner shall appear before the authority respondent No.2 on 17.07.2025 at 11.00 a.m. without waiting for any notice.
6. The authority shall consider and pass suitable orders in accordance with law by following the Judgments of Hon'ble Apex Court in the case of Sakkubai Etc. Etc. vs. State of Karnataka and others, reported in AIR 2020 SCC -5- NC: 2025:KHC-D:8779 WP No. 104627 of 2025 HC-KAR 3417 and Rajendra Kumar Barjatya and Another vs. U.P.Avas EVAM Vikas Parishad and Others, Civil Appeal No.14604/2024 (arising out of SLP (C) No.36440/2014) 2024 INSC 990.
With the above observation, petition is disposed of.
Sd/-
(PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 4 Sl No.: 4