Karnataka High Court
Chandrashekargouda H S/O H Shanreppa vs The Commissioner on 15 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:8795
WP No. 104642 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. 104642 OF 2025 (LB-UC)
BETWEEN:
CHANDRASHEKARGOUDA H. S/O. H. SHANKREPPA,
AGE: 45 YEARS, OCC: AGRICULTURE,
181/1, WARD NO.30, SWAGAT MILL ROAD,
HIREJANTKAL, TQ: GANGAVATHI-583227.
...PETITIONER
(BY SRI. UMESH HAKKARAKI FOR
SRI. M.V. HIREMATH, ADVOCATES)
AND:
1. THE COMMISSIONER,
HAMPI VISHWA PARAMPARE PRADESH
NIRAVAHANA PRADHIKARA,
KAMALAPUR, TQ: HOSAPETE,
DIST: VIJAYANAGARA-583221.
Digitally signed
by
VIJAYALAKSHMI
2. THE TAHASILDAR,
M KANKUPPI
VIJAYALAKSHMI
M KANKUPPI
Location: High
Court of
Karnataka,
Dharwad Bench
OFFICE OF TAHASILDAR,
Date: 2025.07.16
14:42:31 +0530
GANGAVATHI, DIST: KOPPAL-583227.
3. THE ASSISTANT EXECUTIVE ENGINEER,
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. PRASHANT F. GOUDAR, ADVOCATE FOR R1;
SRI. S.V. MAGADUM, AGA FOR R2;
NOTICE TO R3 & R4 DISPENSED WITH)
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NC: 2025:KHC-D:8795
WP No. 104642 of 2025
HC-KAR
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
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 he is the permanent
resident of Hirejantkal village and sought permission form
the animal Husbandry and Veterinary Department in
Sy.No.1*/s of Anegundi village to an extent of 1 acre 3
guntas to run a dairy farm and a certificate vide Annexure-
B is issued by the Department. Pursuant to the certificate
issued by the Animal Husbandry Department, respondent
No.2 issued no objection certificate to install meter and
provide electricity supply whereby respondent No.3
conducted spot inspection and permitted for providing
electricity supply to the petitioner's dairy and the
petitioner is running a dairy without any hindrance. This
being the state of affairs, respondent No.1 directed the
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HC-KAR
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.
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
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HC-KAR
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
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.
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HC-KAR
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.
With the above observation, petition is disposed of.
Sd/-
(PRADEEP SINGH YERUR)
JUDGE
Kmv
CT-MCK
