DEEPAK Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court under Article 226 of the Constitution of India assailing the notice bearing No. /wp. 103751/2015/2016-17/160 dated 12.05.2016/04.06.2016, Annexure-H.

(2.) Heard the learned counsel for the petitioner, the learned Additional Government Advocate and the learned counsel appearing for respondent No. 5.

(3.) The learned counsel for the petitioner submits that the petitioner purchased the land bearing Sy. No. 43/2/7 (old No. 43/B) measuring 10 guntas situated at Virupapura Gaddi village under sale deed dated 11.05.2006. It is stated that the conversion with regard to land in question is pending before this Court in W.P. No. 103620/2016. It is submitted that the petitioner is residing in house built in the said land and also running a restaurant. The petitioner has also put up small rooms for stay of the guests for eking out livelihood. The restaurant run by the petitioner is called as 'Laughing Budha Restaurant and Guest House'. Annexure-E notice dated 07.03.2015 was issued to the petitioner by the Tahasildar, to produce documents relating to the petitioners restaurant/resort. It is also stated in the notice that in the agricultural land unauthorizedly the petitioner is running the resort. The petitioner challenged the said notice before this Court in W.P. No. 103751/2015. This Court disposed of the said writ petition by its order dated 21.04.2016 giving four weeks' time to the petitioner to submit reply and this Court also observed not to demolish the structures on the land in question, except in accordance with law. The petitioner states that he submitted reply on 20th May, 2016.