Karnataka High Court
Smt Ramya W/O. Doma Naga Chimpiri Reddy vs State Of Karnataka on 15 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:8780
WP No. 104628 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. 104628 OF 2025 (GM-RES)
BETWEEN:
SMT. RAMYA W/O. DOMA NAGA CHIMPIRI REDDY,
AGED ABOUT 34 YEARS, OCC: HOUSEHOLD,
R/O. RANGAPUR CAMP, SANAPUR POST,
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.
2. HAMPI WORLD HERITAGE AREA MANAGEMENT
AUTHORITY, HOSAPETE,
DISTRICT: VIJAYANAGAR-583239,
VIJAYALAKSHMI
M KANKUPPI
R/BY ITS COMMISSIONER.
Digitally signed by
VIJAYALAKSHMI M
3. THE DEPUTY COMMISSIONER,
KANKUPPI
Location: HIGH COURT
OF KARNATAKA
KOPPAL DISTRICT, KOPPAL-583231.
DHARWAD BENCH
Date: 2025.07.16
10:50:34 +0530
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
DATED 11/07/2025 PASSED BY THE RESPONDENT NO.2 IN NO.
HAVIPAPRANIPRAA/KA/CCC-126/2017/2024-25 AND THE COPY OF
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NC: 2025:KHC-D:8780
WP No. 104628 of 2025
HC-KAR
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 she is the owner of
plot bearing No.96 situated at Rangapur Camp, Sanapur
village in Gaghavathi Taluka and the said plot was gifted
to her by her father and her father made an application to
gram panchayat, Mallapur for construction permission in
the year 2000 and the same was granted. After the same
her name was entered in the concerned revenue records.
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 with respondents
NC: 2025:KHC-D:8780
HC-KAR
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.
NC: 2025:KHC-D:8780
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
NC: 2025:KHC-D:8780
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
