Karnataka High Court
Hanumantappa S/O Late Doddatayappa ... vs The Commissioner on 15 July, 2025
Author: Pradeep Singh Yerur
Bench: Pradeep Singh Yerur
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NC: 2025:KHC-D:8794
WP No. 104650 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. 104650 OF 2025 (LB-UC)
BETWEEN:
HANUMANTAPPA S/O. LATE DODDATAYAPPA AMBIGER,
AGE: 60 YEARS, OCC: RETIRED KSRTC EMPLOYEE,
R/O. ANEGUNDI, TQ: GANGAVATHI,
DIST: KOPPAL-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.
2. THE TAHASILDAR,
OFFICE OF TAHASILDAR,
Digitally signed
GANGAVATHI, DIST: KOPPAL-583227.
by
VIJAYALAKSHMI
M KANKUPPI
VIJAYALAKSHMI Location: High
M KANKUPPI Court of
3. THE ASSISTANT EXECUTIVE ENGINEER,
Karnataka,
Dharwad Bench
Date: 2025.07.16
14:42:32 +0530
GULBARGA ELECTRICITY SUPPLY COMPANY LIMITED,
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)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE
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NC: 2025:KHC-D:8794
WP No. 104650 of 2025
HC-KAR
NATURE OF CERTIORARI QUASHING THE IMPUGNED
COMMUNICATION BEARING NO. HAVIPAPRANIPRA/KA/CCC-
126/2017/2024-25 DATED 11.07.2025 PASSING AUTHORITY
RESPONDENT NO.1 IN SO FAR PETITIONER CONCERNED VIDE
ANNEXURE A AND CONSEQUENTLY ENDORSEMENTS BEARING NO.
GRA.PAM.AA/2025-26 DATED 30.05.2025 AND GRA.PAM.AA/2025-26
DATED 18.06.2025 ISSUED BY THE RESPONDENT NO.4 VIDE
ANNEXURE B AND C RESPECTIVELY, 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 the
property bearing Sy.No.306 measuring 38 guntas situate
at Anegundi village, Gangavathi taluk and it is the
ancestral property. His name is entered in the concerned
revenue records in the Gram Panchayat. It is his further
case that, in order to utilize the said land for commercial
purpose and to construct a building, sought permission
from respondent No.4-Gram Panchayat, who in turn
directed the petitioner to submit necessary documents.
Respondent No.4 forwarded communication to respondent
No.3-Assistant Executive Engineer to provide electricity
supply, which was granted. The Revenue Authorities of
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HC-KAR
the Survey Department conducted survey and prepared a
report. Thereafter, the petitioner made an application to
respondent No.1 for conversion of land. 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 as 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
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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, a notice is issued vide Annexure-
A dated 11.07.2025.
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.
5. Petitioner shall appear before the authority-
respondent No.1 on 17.07.2025 at 11.00 a.m. without
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HC-KAR
waiting for any notice. Till then, no coercive steps shall be
taken by the respondents.
6. 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
