V P Prasanna Kumar Jain S/O Padmaraj ... vs The Assistant Executive Engineer
2026 Latest Caselaw 2368 Kant

Citation : 2026 Latest Caselaw 2368 Kant
Judgement Date : 16 March, 2026

[Cites 2, Cited by 0]

Karnataka High Court

V P Prasanna Kumar Jain S/O Padmaraj ... vs The Assistant Executive Engineer on 16 March, 2026

                                                     -1-
                                                              NC: 2026:KHC-D:4078
                                                           WP No. 100062 of 2021


                       HC-KAR




                      IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                           DATED THIS THE 16TH DAY OF MARCH, 2026
                                            BEFORE
                                THE HON'BLE MS. JUSTICE JYOTI M
                        WRIT PETITION NO. 100062 OF 2021 (LB-UC)

                      BETWEEN:

                      SHRI U.P. PRASANNA KUMAR JAIN
                       S/O PADMARAJ JAIN, AGE. 52 YEARS,
                      OCC. BUSINESS, R/O. NATARAJ BADAVANE,
                      HARAPANAHALLI TOWN,
                      BALLARI DISTRICT-583 131.
                                                                     ... PETITIONER
                      (BY SRI. J.S. SHETTY, ADVOCATE)

                      AND:

                      1.    THE ASSISTANT EXECUTIVE ENGINEER,
                            PANCHAYATH RAJ ENGINEERING SUB-DIVISION,
                            HARAPANAHALLI, DISTRICT. BALLARI-583 131.

                      2.    TAHASHILDAR,
                            HARAPANAHALLI,
Digitally signed by         HARAPANAHALLI TALUK,
PREMCHANDRA
MR
Location: HIGH
                            DIST. BALLARI-583 131.
COURT OF
KARNATAKA


                      3.    THE ASSISTANT COMMISSIONER,
                            BALLARI, BALLARI DISTRICT-583 131.

                      4.  TOWN MUNICIPAL COUNCIL, HARAPANAHALLI,
                          BALLARI DISTRICT-583 131, BY ITS CHIEF OFFICER.
                                                                 ... RESPONDENTS
                      (BY SRI. P.N. HATTI, HCGP FOR R1 TO R3;
                       SRI. KUSHAL.N.KAMBEL, ADVOCATE FOR
                       SRI. GANGADHAR J.M., ADVOCATE FOR R4)
                                  -2-
                                                NC: 2026:KHC-D:4078
                                            WP No. 100062 of 2021


HC-KAR




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN
RELIEFS.

    THIS WRIT PETITION IS LISTED FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS
UNDER:

                            ORAL ORDER

Sri.J.S.Shetty., counsel for the petitioner, Sri.P.N.Hatti.,

HCGP for respondents 1 to 3 and Sri.Kushal N.Kambel., counsel

on behalf of Sri.Gangadhar.J.M., for respondent No.4 have

appeared in person.

2. The petition is filed seeking following reliefs:

"a) Issue a writ of certiorari to quash the notice dated:19.12.2020 issued by the 1st respondent to the petitioner, the copy of which has been produced herewith at Annexure-A.

b) Any other writ or direction which this Court deems fit to grant in the facts and circumstances of the case, may kindly be granted in favour of the petitioner, by allowing this writ petition, in the ends of justice and equity."

3. Counsel for the respective parties presented several

contentions. Heard the arguments and perused the papers with

care.

NC: 2026:KHC-D:4078

HC-KAR

4. The impugned notice regarding the alleged

encroachment was issued in blatant violation of principles of

natural justice, as the petitioner was denied a reasonable

opportunity to submit his contentions. Hence, this Court deems

fit and proper to direct the petitioner to submit a suitable reply

to the notice. As there is an interim order of status quo by this

Court on 08.01.2021, the same shall continue to operate till the