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2022 DIGILAW 1592 (KAR)

Sai Vihar Owners Welfare Association v. State of Karnataka

2022-12-15

M.G.S.KAMAL

body2022
JUDGMENT M.G.S. Kamal, J. - Grievance of the petitioner is that respondent-authority namely, the respondent No.3 issued notices at Annexure-A, A1 and A2 alleging the encroachment of Government Halla while putting up construction of apartment complex by the petitioners' vendor. That the petitioners being the purchasers of the apartments forming part of "Sai Vihar Apartments" issued a reply as per Annexure-H stating that their vendor could be in a better position to give the details of acquisition of property. That the respondents-authorities without even considering the same, have come near the subject property with JCBs and other earth moving equipments to demolish the subject property, constraining the petitioners' to rush before this Court. 2. Heard learned counsel for the parties and perused the records. 3. Though the notices at Annexures-A, A1 and A2 issued addressing one "Sai Vihar Apartments", it does not specify the name of the person and description of the addressee. Be that as it may, the petitioners to consider the same as a notice to them. 4. Learned AGA submits that the reply of the petitioners would be considered and appropriate orders will be passed. 5. In the circumstance, this Court is of the considered view that the petitioners be permitted to appear before the respondent No.3-Tahsildar, at 3.00 p.m. today, i.e., on 15.12.2022 with liberty file additional response and documents if any, in response to the aforesaid notices. Accordingly, the writ petition is disposed of. 6. The petitioners shall appear before the respondent No.3-Tahsildar at 3.00 p.m. today i.e. on 15.12.2022. 7. The respondent No.3- Tahsildar shall consider the said response and pass appropriate orders in accordance with law and only thereafter take further action if any. Till such time, the respondents-authorities shall not take any precipitative action against the petitioners. 8. Learned AGA shall instruct the respondent No.3-Tahsildar about the order passed and shall not wait for the copy of the order. 9. Even the petitioners shall not wait for the order as the learned AGA would instruct the Tahsildar.