RAJSHEKAR vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11555
WP No. 204130 of 2026
C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT PETITION NO. 204130 OF 2026 (LA-RES)
C/W
WRIT PETITION NO. 204131 OF 2026 (LA-RES)
WRIT PETITION NO. 204132 OF 2026 (LA-RES)
WRIT PETITION NO. 204133 OF 2026 (LA-RES)
WRIT PETITION NO. 204134 OF 2026 (LA-RES)
WRIT PETITION NO. 204136 OF 2026 (LA-RES)
WRIT PETITION NO. 204138 OF 2026 (LA-RES)
IN WP No. 204130/2026
BETWEEN:
1. SATTAR S/O IBRAHIM
AGED ABOUT 41 YEARS
OCC: BUSINESS
R/O K S TWO WHEELER
MECHANIC SHOP MANVI-584123
DIST: RAICHUR
…PETITIONER
Digitally
signed by
SWETA
KULKARNI
Location:
HIGH COURT
OF
KARNATAKA
(BY SRI. ABDUL MUQHTADIR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT ROOM NO.505
5TH FLOOR, GATE 3, M S BUILDING
DR B R AMBEDKAR VEEDHI
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HC-KAR
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WP No. 204130 of 2026
C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
BANGALORE-560001
2.
THE OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER
PWD SUB-DIVISION MANVI
MANVI-584123, DIST: RAICHUR
…RESPONDENTS
(BY SRI.VEERANAGOUDA BIRADAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATE WRIT DIRECTION/S OR ORDER/S; A)
ISSUE AN APPROPRIATE ORDER/DIRECTION/WRIT IN NATURE
OF CERTIORARI TO QUASH THE IMPUGNED NOTICE BEARING
NO. ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/658 DATED 16.09.2026/
17.09.2026 VIDE ANNEXURE-A ISSUED BY THE RESPONDENT
NO.2; B) ISSUE AN APPROPRIATE ORDER/DIRECTION/WRIT IN
THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT
NO.2 TO CONSIDER THE REPRESENTATION DATED 18.09.2026
VIDE ANNEXURE-B AND TO INITIATE LAND ACQUISITION
PROCESS UNDER SECTION 69 OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND ACQUISITION
REHABILITATION AND RESETTLEMENT ACT 2013; C) GRANT
COSTS; D) SUCH OTHER RELIEF/S AS THIS HONOURABLE
COURT MAY DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF
THE CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP NO. 204131/2026
BETWEEN:
1.
SAMEER
S/O KHAJASAB
AGED ABOUT 37 YEARS
OCC: BUSINESS
R/O M D UZAIN CHICKEN CENTRE
MANVI-584123, DIST: RAICHUR
...PETITIONER
(BY SRI. ABDUL MUQHTADIR., ADVOCATE)
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HC-KAR
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WP No. 204130 of 2026
C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT, ROOM NO.505
TH
5 FLOOR, GATE 3, M.S.BUILDING
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER
PWD SUB-DIVISION MANVI
MANVI-584123, DIST:RAICHUR
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATE WRIT DIRECTION/S OR ORDER/S;
A) ISSUE AN APPROPRIATE ORDER/ DIRECTION/ WRIT IN
NATURE OF CERTIORARI TO QUASH THE IMPUGNED
NOTICE BEARING NO. ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/655 DATED
16.09.2026/17.09.2026 VIDE ANNEXURE-A ISSUED BY THE
RESPONDENT NO.2; B) ISSUE AN APPROPRIATE ORDER/
DIRECTION/WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE
REPRESENTATION DATED 18.09.2026 VIDE ANNEXURE-B
AND TO INITIATE LAND ACQUISITION PROCESS UNDER
SECTION 69 OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION REHABILITATION
AND RESETTLEMENT ACT 2013; C) GRANT COSTS; D)
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WP No. 204130 of 2026
C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
SUCH OTHER RELIEF/S AS THIS HONOURABLE COURT MAY
DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE
CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP NO. 204132/2026
BETWEEN:
1. MUSTAFA S/O KHAJA HUSSAIN
AGED ABOUT 37 YEARS, OCC: BUSINESS
R/O NATIONAL CHICKEN CENTRE
MANVI-584123, DIST: RAICHUR
...PETITIONER
(BY SRI. ABDUL MUQHTADIR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT ROOM NO.505,
5TH FLOOR, GATE 3, M.S.BUILDING
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER
PWD SUB DIVISION MANVI
MANVI-58413, DIST: RAICHUR
...RESPONDENTS
(BY SRI.VEERANAGOUDA BIRADAR, AGA)
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE
AN APPROPRIATE WRIT DIRECTION/S OR ORDER/S; A)
ISSUE AN APPROPRIATE ORDER/DIRECTION/WRIT IN
NATURE OF CERTIORARI TO QUASH THE IMPUGNED
NOTICE BEARING NO. ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/656 DATED
16.09.2026/17.09.2026 VIDE ANNEXURE-A ISSUED BY THE
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C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
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RESPONDENT NO.2; B) ISSUE AN APPROPRIATE ORDER/
DIRECTION/WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE
REPRESENTATION DATED 18.09.2026 VIDE ANNEXURE-B
AND TO INITIATE LAND ACQUISITION PROCESS UNDER
SECTION 69 OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION REHABILITATION
AND RESETTLEMENT ACT 2013; C) GRANT COSTS; D)
SUCH OTHER RELIEF/S AS THIS HONOURABLE COURT MAY
DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE
CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP NO. 204133/2026
BETWEEN:
1.
CHANNABASAVA
S/O IRANNA
AGED ABOUT 32 YEARS
OCC: BUSINESS
R/O BESIDE K S TWO WHEELER
MECHANIC SHOP, MANVI-584123
DIST: RAICHUR
...PETITIONER
(BY SRI. ABDUL MUQHTADIR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARTY
REVENUE DEPARTMENT ROOM NO.505
TH
5 FLOOR GATE 3, M S BUILDING
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER
PWD SUB DIVISION MANVI
MANVI-584123
DIST: RAICHUR
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HC-KAR
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C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATE WRIT DIRECTION/S OR ORDERS;
A) ISSUE AN APPROPRIATE ORDER/DIRECTION/WRIT IN
NATURE OF CERTIORARI TO QUASH THE IMPUGNED
¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/659
NOTICE BEARING REF NO.
DATED 16-09-2026/17-09-2026 VIDE ANNEXURE-A
ISSUED BY THE RESPONDENT NO.2; B) ISSUE AN
APPROPRIATE ORDER/DIRECTION/WRIT IN NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 TO
CONSIDER THE REPRESENTATION DATED 18-09-2026
VIDE ANNEXURE-B AND TO INITIATE LAND ACQUISITION
PROCESS UNDER SECTION 69 OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION REHABILITATION AND RESETTLEMENT ACT,
2013; C) GRANT COSTS; D) SUCH OTHER RELIEF/S AS
THIS HONOURABLE COURT MAY DEEM FIT TO GRANT IN
THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST
OF JUSTICE AND EQUITY.
IN WP NO. 204134/2026
BETWEEN:
1. RAJSHEKAR
S/O VENKATAGIRI
AGED ABOUT 36 YEARS
OCC: BUSINESS
R/O VENKATAGIRI HAIR SALOON
MANVI-584123
DIST: RAICHUR
...PETITIONER
(BY SRI. ABDUL MUQHTADIR., ADVOCATE)
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HC-KAR
NC: 2026:KHC-K:11555
WP No. 204130 of 2026
C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT, ROOM NO.505
TH
5 FLOOR, GATE 3, M S BUILDING
DR B.R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER
PWD SUB DIVISION MANVI
MANVI-584123 DIST: RAICHUR
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATE WRIT DIRECTION/S OR ORDERS:
A) ISSUE AN APPROPRIATE ORDER/DIRECTION/WRIT IN
NATURE OF CERTIORARI TO QUASH THE IMPUGNED
NOTICE BEARING REF NO. ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/661
DATED 16-09-2026/17-09-2026 VIDE ANNEXURE-A
ISSUED BY THE RESPONDENT NO.2; B) ISSUE AN
APPROPRIATE ORDER/DIRECTION/WRIT IN NATURE OF
MANDAMUS DIRECTING THE RESPONDENT NO.2 TO
CONSIDER THE REPRESENTATION DATED 18-09-2026
VIDE ANNEXURE-B AND TO INITIATE LAND ACQUISITION
PROCESS UNDER SECTION 69 OF THE RIGHT TO FAIR
COMPENSATION AND TRANSPARENCY IN LAND
ACQUISITION REHABILITATION AND RESETTLEMENT ACT,
2013; C) GRANT COSTS; D) SUCH OTHER RELIEF/S AS
THIS HONOURABLE COURT MAY DEEM FIT TO GRANT IN
THE CIRCUMSTANCES OF THE CASE AND IN THE INTEREST
OF JUSTICE AND EQUITY.
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HC-KAR
NC: 2026:KHC-K:11555
WP No. 204130 of 2026
C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
IN WP NO. 204136/2026
BETWEEN:
1.
ASHRAF
S/O HUSSAIN BASHA
AGED ABOUT 45 YEARS
OCC: BUSINESS
R/O FAMOUS RESTAURANT
MANVI-584123
DIST: RAICHUR
...PETITIONER
(BY SRI. ABDUL MUQHTADIR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT, ROOM NO.505
TH
5 FLOOR GATE 3, M S BUILDING
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
2. THE OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER
PWD SUB DIVISION MANVI
MANVI-584123, DIST: RAICHUR
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE AN APPROPRIATE WRIT DIRECTION/S OR ORDER/S:
A) ISSUE AN APPROPRIATE ORDER/DIRECTION/WRIT IN
NATURE OF CERTIORARI TO QUASH THE IMPUGNED
NOTICE BEARING NO. ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/660
DATED 16.09.2026/17.09.2026 VIDE ANNEXURE-A ISSUED
BY THE RESPONDENT NO.2; B) ISSUE AN APPROPRIATE
ORDER/DIRECTION/WRIT IN THE NATURE OF MANDAMUS
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WP No. 204130 of 2026
C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE
REPRESENTATION DATED 18.09.2026 VIDE ANNEXURE-B
AND TO INITIATE LAND ACQUISITION PROCESS UNDER
SECTION 69 OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION REHABILITATION
AND RESETTLEMENT ACT 2013; C) GRANT COSTS; D)
SUCH OTHER RELIEF/S AS THIS HONOURABLE COURT MAY
DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE
CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.
IN WP NO. 204138/2026
BETWEEN:
1. BANDENAWAZ
S/O MAHEBOOB ALI
AGED ABOUT 42 YEARS, OCC: BUSINESS
R/O DIAMOND CHICKEN CENTRE
MANVI-584123 DIST: RAICHUR
...PETITIONER
(BY SRI. ABDUL MUQHTADIR., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRICIPAL SECRETARY
REVENUE DEPARTMENT ROOM NO 505
TH
5 FLOOR, GATE 3, M S BUILDING
DR B R AMBEDAKAR VEEDHI
BANGALORE-560001
2.
THE OFFICE OF
THE ASSISTANT EXECUTIVE ENGINEER,
PWD SUB DIVISION MANVI
MANVI-584123, DIST: RAICHUR
...RESPONDENTS
(BY SRI.MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
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C/W WP No. 204131 of 2026
WP No. 204132 of 2026
AND 4 OTHERS
CNR: KAHC030107342026
ISSUE AN APPROPRIATE WRIT DIRECTION/S OR ORDER/S:
A) ISSUE AN APPROPRIATE ORDER/DIRECTION/WRIT IN
NATURE OF CERTIORARI TO QUASH THE IMPUGNED
¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/657
NOTICE BEARING NO.
DATED 16.09.2026/17.09.2026 VIDE ANNEXURE-A ISSUED
BY THE RESPONDENT NO.2; B) ISSUE AN APPROPRIATE
ORDER/DIRECTION/WRIT IN THE NATURE OF MANDAMUS
DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE
REPRESENTATION DATED 18.09.2026 VIDE ANNEXURE-B
AND TO INITIATE LAND ACQUISITION PROCESS UNDER
SECTION 69 OF THE RIGHT TO FAIR COMPENSATION AND
TRANSPARENCY IN LAND ACQUISITION REHABILITATION
AND RESETTLEMENT ACT, 2013; C) GRANT COSTS; D)
SUCH OTHER RELIEF/S AS THIS HONOURABLE COURT MAY
DEEM FIT TO GRANT IN THE CIRCUMSTANCES OF THE
CASE AND IN THE INTEREST OF JUSTICE AND EQUITY.
THESE PETITIONS, COMING ON FOR PRELIMINARY
HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
ORAL ORDER
These writ petitions have been filed seeking following
prayers:
“ IN WP No. 204130/2026
a) Issue an appropriate order/direction/writ in nature
of certiorari to quash the impugned notice bearing
¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/658
no . dated 16.09.2026/
17.09.2026 vide Annexure-A issued by the
respondent no.2;
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WP No. 204132 of 2026
AND 4 OTHERS
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b) Issue an appropriate order/direction/writ in the
nature of mandamus directing the respondent no.2
to consider the representation dated 18.09.2026 vide
Annexure-B and to initiate land acquisition process
under section 69 of the Right to Fair Compensation
and Transparency in Land Acquisition Rehabilitation
and Resettlement Act 2013;
c) Grant costs;
d) Such other relief/s as this Honourable Court may
deem fit to grant in the circumstances of the case
and in the interest of justice and equity
IN WP NO. 204131/2026
a) Issue an appropriate order/ direction/ writ in
nature of certiorari to quash the impugned notice
bearing No. ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/ 655 dated
16.09.2026/17.09.2026 vide Annexure-A issued by
the respondent no.2;
b) Issue an appropriate order/ direction/writ in the
nature of mandamus directing the respondent no.2
to consider the representation dated 18.09.2026 vide
Annexure-B and to initiate land acquisition process
under section 69 of the Right to Fair Compensation
and Transparency in Land Acquisition Rehabilitation
and Resettlement Act 2013;
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c) Grant costs;
d) Such other relief/s as this Honourable Court may
deem fit to grant in the circumstances of the case
and in the interest of justice and equity
IN WP NO. 204132/2026
a) Issue an appropriate order/direction/writ in nature
of certiorari to quash the impugned notice bearing
no . ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/656 dated
16.09.2026/17.09.2026 vide Annexure-A issued by
the respondent no.2;
b) Issue an appropriate order/ direction/writ in the
nature of mandamus directing the respondent no.2
to consider the representation dated 18.09.2026 vide
Annexure-B and to initiate land acquisition process
under section 69 of the Right to Fair Compensation
and Transparency in Land Acquisition Rehabilitation
and Resettlement act 2013;
c) Grant costs;
d) Such other relief/s as this Honourable Court may
deem fit to grant in the circumstances of the case
and in the interest of justice and equity
IN WP NO. 204133/2026
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a) Issue an appropriate order/direction/writ in nature
of certiorari to quash the impugned notice bearing
¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/659
ref no . dated 16-09-
2026/17-09-2026 vide Annexure-A issued by the
respondent no.2;
b) Issue an appropriate order/direction/writ in nature
of mandamus directing the respondent no.2 to
consider the representation dated 18-09-2026 vide
Annexure-B and to initiate land acquisition process
under section 69 of the Right to Fair Compensation
and Transparency in Land Acquisition Rehabilitation
and Resettlement Act, 2013;
c) Grant costs;
d) Such other relief/s as this Honourable Court may
deem fit to grant in the circumstances of the case
and in the interest of justice and equity
IN WP NO. 204134/2026
a) Issue an appropriate order/direction/writ in nature
of certiorari to quash the impugned notice bearing
ref no. ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/661 dated 16-09-
2026/17-09-2026 vide Annexure-A issued by the
respondent no.2;
b) Issue an appropriate order/direction/writ in nature
of mandamus directing the respondent no.2 to
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consider the representation dated 18-09-2026 vide
Annexure-B and to initiate land acquisition process
under section 69 of the right to Fair Compensation
and Transparency in Land Acquisition Rehabilitation
and Resettlement Act, 2013;
c) Grant costs;
d) Such other relief/s as this Honourable Court may
deem fit to grant in the circumstances of the case
and in the interest of justice and equity
IN WP NO. 204136/2026
a) Issue an appropriate order/direction/writ in nature
of certiorari to quash the impugned notice bearing
no . ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/660 dated
16.09.2026/17.09.2026 vide Annexure-A issued by
the respondent no.2;
b) Issue an appropriate order/direction/writ in the
nature of mandamus directing the respondent no.2
to consider the representation dated 18.09.2026 vide
Annexure-B and to initiate land acquisition process
under section 69 of the Right to Fair Compensation
and Transparency in Land Acquisition Rehabilitation
and Resettlement Act 2013;
c) Grant costs;
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AND 4 OTHERS
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d) Such other relief/s as this honourable court may
deem fit to grant in the circumstances of the case
and in the interest of justice and equity
IN WP NO. 204138/2026
a) Issue an appropriate order/direction/writ in nature
of certiorari to quash the impugned notice bearing
No . ¸ÀA:¯ÉÆÃ:E:G«ªÀiÁ:vÁ±Á:2026-27/657 dated
16.09.2026/17.09.2026 vide Annexure-A issued by
the respondent no.2; b) Issue an appropriate
order/direction/writ in the nature of mandamus
directing the respondent no.2 to consider the
representation dated 18.09.2026 vide Annexure-B
and to initiate land acquisition process under section
69 of the right to fair compensation and transparency
in land acquisition rehabilitation and resettlement
act, 2013; c) Grant costs; d) Such other relief/s as
this honourable court may deem fit to grant in the
circumstances of the case and in the interest of
justice and equity”
2. Heard learned counsel for the petitioners,
learned Additional Government Advocate appearing for the
respondents and perused the material available on record.
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3. The grievance of the petitioners is that the
petitioners are running a business as tenants in the
premises on lease. However, the respondent No.2 issued
notices dated 16.09.2026 and 17.09.2026 stating that the
petitioners had encroached some portion of the road and
ordered them to remove the alleged encroachment within
3 days. It is to be noticed that the petitioners have
submitted replies to the said notices. Hence, I am of the
considered view that the respondent No.2 is required to
conduct a survey in the presence of the petitioners as well
as the owner of the property and thereafter, come to
conclusion as to whether there is encroachment or not. It
is to be noticed that in the impugned notices, the
respondent No.2 has straightway come to the conclusion
that the petitioners have encroached some portion of the
road, without there being any enquiry and without
considering the objections filed by the petitioners. Hence,
it would be appropriate to direct the respondent No.2 to
consider the petitioners’ objections and if required,
conduct a survey, demarcate the property and after
hearing the petitioners, if it is found that there is
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encroachment, pass appropriate orders and thereafter,
take steps to evict the petitioners from the premises, in
accordance with law. Until such excise is carried out, the
respondent No.2 shall not take any precipitative action
against the petitioners, pursuant to the impugned notices.
4. Hence, I proceed to pass the following:
ORDER
i. The writ petition is allowed .
ii. The respondent No.2/any competent authority
is directed to consider the petitioners’
objections/reply to the impugned notices and
if necessary, conduct a survey in the presence
of petitioners and the landowner and
thereafter, proceed in accordance with law.
iii. Till such decision is taken, no precipitative
steps shall be taken against the petitioners.
No order as to costs.
Sd/-
(VIJAYKUMAR A. PATIL)
JUDGE
NJ/List No.: 1 Sl No.: 43