High CourtsSingle Bench(2022) 09 KAR CK 0024

Mehaboob BI vs President Taluka Enroachment Removal Committee And Tahasildar Hosapete 583201 & Others

Karnataka High Court · Decided on 22 September 2022

HON’BLE JUDGES
M.I. Arun, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 103762 Of 2022 (KLR-RES)

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Judgment

8 paragraphs · 220 words

M.I. Arun, J

1.

The case of the petitioner is that, she is the owner of the house situated in Sy no.440/B of Amaravathi Village, Hosapete Hobali and that she has not encroached any other property illegally and she has not put up any illegal construction in respect of which impugned notice dated 09.09.2022 bearing No.Sam/Ka/Bhoomi/77(24)/2022-23 vide Annexure – A to the writ petition is issued. Aggrieved by the same, the instant writ petition is filed with a prayer to quash the said impugned notice.

2.

The learned AGA upon instructions submits that petitioner has indeed encroached as alleged in the notice and the respondent – authority would only remove the encroached area and the illegal construction put up thereon.

3.

The learned counsel for the petitioner submits that, if given an opportunity she would demonstrate before authorities that she has not encroached any property nor has put up any illegal construction. Hence the following:

ORDER

i) The petitioner shall appear before respondent No.2 who has issued impugned notice on 09.09.2022 with necessary documents.

ii) Respondent No.2 shall hear the petitioner and verify the site physically, if required and only thereafter take appropriate decision. Till then respondent No.2 shall not initiate any action pursuant to the impugned notice dated 09.09.2022 bearing No. No.Sam/Ka/Bhoomi/77(24)/2022-23.

iii) Accordingly, writ petition is disposed off.