- 1 - NC: 2025:KHC:11160 WP No. 1725 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1725 OF 2024 (KLR-RES) BETWEEN: 1. SRI P NEELAKANTA BABU S/O LATE PUTANNA, AGED ABOUT 63 YEARS, R/AT SOMESHWARA SWAMY, GUDI BEEDI WARD NO. 7, VIJAYAPURA TOWN, KASABA HOBLI, DEVANAHALLI TALUK - 562135. 2. SMT RAJESHWARI W/O S. BHASKAR, AGED ABOUT 49 YEARS, R/AT WARD NO. 2, J C EXTENSION, VIJAYAPURA TOWN, KASABA HOBLI, DEVANAHALLI TALUK - 562135. …PETITIONERS (BY SRI. KUMBAR VASANT FAKEERAPPA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M S OFFICE BUILDINGS, DR. AMBEDKAR VEEDI, BENGALURU 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by NANDINI B G Location: High Court of Karnataka - 2 - NC: 2025:KHC:11160 WP No. 1725 of 2024 2. THE TAHASILDAR DEVANAHALLI TALUK, DEVANAHALLI 562110. 3. NARAYANASWAMY S/O NAGAPPA AGED ABOUT 70 YEARS, R/AT DHANDIGANAHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, BENGALURU-562135. 4. MANJUNATH S/O RAMANNA AGED ABOUT 55 YEARS, R/AT 4TH WARD, BEHIND CHANNABASAVESHWARA TEMPLE STREET, VIJAYAPURA TOWN, VIJAYAPURA AMANIKERE, BENGALURU RURAL BENGALURU-562135. 5. RAMAKRISHNAPPA N. S/O NAGAPPA REDDY, AGED ABOUT 60 YEARS, R/AT VIJAYAPURA WARD NO.03, BHARATHINAGAR, BANGALORE RURAL DISTRICT, BANGALORE-562135. 6. NARAYANBSWAMY R. S/O RAMAMMA, AGED ABOUT 55 YEARS, R/AT MARUTHI NAGAR, 4TH WARD VIJAYAPURA, BENGALURU RURAL DISTRICT PIN CODE 562135. - 3 - NC: 2025:KHC:11160 WP No. 1725 of 2024 7. N. MARIYAPPA, S/O NAGAPPA REDDY, AGED ABOUT 77 YEARS, R/AT WARD NO.03, BHARATH NAGARA VIJAYAPURA, BENGALURU RURAL DISTRICT PIN CODE 562135. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA FOR R1 AND R2, SRI. UDAY K.S., ADV. FOR R3 TO R7, SRI. PRADYUMNA L.N., ADV. FOR R8.) [CAUSE TITLE AMENDED V/C/O DATED 13.06.2024.] THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EVICTION NOTICE ISSUED BY R2 IN MO. NCR/CR 75/2021-22 DATED 25/05/2023 VIDE AT ANNEXURE-G AND ETC. THIS PETITION, COMING ON FOR HEARING ON INTERLOCUTORY APPLICATION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The eviction notice dated 25.5.2023 is under challenge in this writ petition. 2. Learned counsel for the petitioners points out that in the eviction notice, a reference is made to a survey conducted by the Taluk surveyor and a sketch that he has produced to the - 4 - NC: 2025:KHC:11160 WP No. 1725 of 2024 Tahasildar, according to which, the petitioners alleged encroachment on Oni Kharab land is indicated. 3. Learned counsel points out that the petitioners were not a party to the survey, and they had not been furnished with the copy of the report of the surveyor. He submits that so long as the petitioners were not parties to the survey, and had not been furnished with the copy of the survey report, it is obvious that the eviction notice would not bind them and even if, they were to give a reply to the eviction notice, the Tahasildar cannot obviously go beyond the report. He therefore submits that the eviction notice is unsustainable. 4. A perusal of eviction notice does indicate that the entire basis for this eviction notice is the report of the surveyor and a sketch/report said to have been furnished by him. It is not indicated in the notice that the petitioners were a party to the survey and a copy of the report has been furnished to them. If, there is already a report prepared to the effect that the petitioners have encroached, even if the petitioners had given a reply, the Tahasildar would obviously be bound by the report of the surveyor. - 5 - NC: 2025:KHC:11160 WP No. 1725 of 2024 5. The learned counsel's submission, therefore, is justified and consequently, the eviction notice cannot be sustained and the same is accordingly, quashed. 6. Liberty is however, reserved to the Tahasildar to initiate a fresh survey with notice to the petitioners and also permit them to raise all such objections as permissible under law, regarding their entitlement to the land, which their names are in possession of. The writ petition is allowed subject to the above. 7. Learned AGA submits that since it is the grievance of the petitioners that they were not notified of the survey, a fresh survey would be conducted in presence of the petitioners and if necessary of the affected parties, including the impleading respondents, on 16.04.2025 at 11 am. 8. The said statement is taken on record and the Thasildar shall ensure a survey is conducted on 16.04.2025 @ 11 am. - 6 - NC: 2025:KHC:11160 WP No. 1725 of 2024 9. The petitioners shall not expect any further notice from the authorities and they shall be present at the spot on 16.04.2025 at 11 am. Sd/- (N S SANJAY GOWDA) JUDGE BH List No.: 1 Sl No.: 63