Karnataka High Court
Smt Manjula W/O Hanumesh vs The Commissioner on 15 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:8798
WP No. 104648 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. 104648 OF 2025 (LB-UC)
BETWEEN:
SMT. MANJULA W/O. HANUMESH,
AGE: 37 YEARS, OCC: AGRICULTURE,
R/O. ANEGUNDI, TQ: GANGAVATHI,
DIST: KOPPAL-583227.
...PETITIONER
(BY SRI. M.V. HIREMATH, ADVOCATE)
AND:
1. THE COMMISSIONER,
HAMPI VISHWA PARAMPARE PRADESH
NIRAVAHANA PRADHIKARA,
KAMALAPUR, TQ: HOSAPETE,
DIST: VIJAYANAGARA-583221.
2. THE TAHASILDAR,
OFFICE OF TAHASILDAR,
GANGAVATHI, DIST: KOPPAL-583227.
Digitally signed
by
VIJAYALAKSHMI
VIJAYALAKSHMI
M KANKUPPI
M KANKUPPI
Location: High
Court of
Karnataka,
3. THE ASSISTANT EXECUTIVE ENGINEER,
Dharwad Bench
Date: 2025.07.16
14:42:32 +0530
GULBARGA ELECTRICITY SUPPLY COMPANY LTD.,
O & M SUB-DIVISION, GESCOM,
GANGAVATHI-583227.
4. THE PANCHAYAT DEVELOPMENT OFFICER,
GRAMPANCHAYATI ANEGUNDI,
TQ: GANGAVATHI, DIST: KOPPAL-583227.
...RESPONDENTS
(BY SRI. P.F. GOUDAR, ADVOCATE FOR R1;
SRI. S.V. MAGADUM, AGA FOR R2;
NOTICE TO R3 & R4 DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER
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NC: 2025:KHC-D:8798
WP No. 104648 of 2025
HC-KAR
BEARING NO.HAVIPAPRANIPRA/KA/CCC-126/2017/2024-25 DATED
11.07.2025 VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ORDERS 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 she is the absolute owner of the property bearing Sy.No.20/3 mesuring 1 acre situate at Anjanhalli village, Gangavathi taluk and she is in possession and cultivation of the said land. Her name is entered in the record of rights. This being the state of affairs, respondent No.1 directed the respondents to take coercive steps for demolition of illegal constructions by impugned communication dated 11.07.2025. This notice is called in question by the petitioner on the ground that the notice is illegal, arbitrary and contrary to law and the petitioner has not been heard and due to inaction of respondents Nos.1 and 4, the petitioner is before this Court.
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NC: 2025:KHC-D:8798 WP No. 104648 of 2025 HC-KAR
2. Learned counsel Sri Prashant F. Goudar, appearing for respondent No.1 contends that the matter pertains to the Hampi World Heritage Area Management Authority Act, 2002 (for short, the 'HWHAMA Act') 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, a direction is issued to demolish and remove all illegal structures and constructions put up without permission coming under the jurisdiction of HWHAMA Act. Therefore, as there is a mandate from the Hon'ble Apex Court not to permit any illegal constructions and if any illegal constructions are put up within the restricted and prohibited area, same shall be demolished, accordingly, notice vide Annexure-A dated 11.07.2025 is issued to the petitioner.
3. Now the question arises as to whether the petitioner has put up any illegal construction contrary to the permission granted, if any, by the authorities including -4- NC: 2025:KHC-D:8798 WP No. 104648 of 2025 HC-KAR respondent No.2. Therefore, respondent shall call upon the petitioner to put forth the objections and clarify regarding illegal/unauthorized construction, if any. The petitioner is at liberty to place all such materials before respondent No.1 and produce all material, permission obtained to show that it does not fall within the HWHAMA Act.
4. Petitioner shall appear before the authority- respondent No.1 on 17.07.2025 at 11.00 a.m. without waiting for any notice. Till then, no coercive steps shall be taken by the respondents.
5. Respondent No.1 shall hear the petitioner and consider the documents if any produced providing suitable opportunity and pass 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 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. -5-
NC: 2025:KHC-D:8798 WP No. 104648 of 2025 HC-KAR With the above observation, petition is disposed of.
Sd/-
(PRADEEP SINGH YERUR) JUDGE Kmv CT-MCK