- 1 - NC: 2025:KHC:12331 WP No. 1672 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1672 OF 2024 (KLR-RES) BETWEEN: 1. SMT. MEENAKSHI W/O S MUNIKRISHNA AGED ABOUT 41 YEARS, SHIVANAPURA VILLAGE DASANAPURA HOBLI, BANGALORE NORTH TALUK BENGALURU-562162 …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M S BUILDING, VIKASA SOUDHA, BANGALORE-560001 REPT BY ITS SECRETARY 2. DEPUTY COMMISSIONER BANGALORE DISTRICT D C COMPOUND KANDAYA BHAVAN BANGALORE-560009 3. TAHSILDAR BANGALORE NORTH D C COMPOUND KANDAYA BHAVAN BANGALORE-560009 4. SMT. GANGAMMA, AGED ABOUT 47 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12331 WP No. 1672 of 2024 D/O LATE CHIKKALAKKANNA, R/AT No.987, 4TH MAIN, NGO COLONY, NEAR SHANKAR NAGAR BUS STOP, KAMALANAGAR, BANGALORE-560 079. …RESPONDENTS (BY SRI. MANJUNATH.K., HCGP FOR R-1 TO R-3; SRI. H.C.SHIVARAMU., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE VIDE NO.ALN(AB) C.R/04/2020-21 ON 28.11.2023 ISSUED BY THE R3 U/S 96(1) AND 192(a) OF KARNATAKA LAND REVENUE ACT, 1964 AS PER ANNEXURE-F, IS ARBITRARY WITHOUT JURISDICTION, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This writ petition is directed against the issuance of a notice in exercise of power under Sections 25 and 96(1) of the Karnataka Land Revenue Act, 1964 for short, 'the Act') 2. In the notice it is contented that the petitioners had formed a layout illegally in Sy.Nos.104/2 and 104/3 measuring 01 acre 23 and therefore, they were required to file their explanation to the notice. - 3 - NC: 2025:KHC:12331 WP No. 1672 of 2024 3. The learned counsel for the petitioner points out that these proceedings are as a result of the complaint lodged by the proposed respondent/Gangama who has already instituted a suit in O.S. No.511 of 2022 seeking for a declaration that she is the absolute owner of the property in question and for grant of a decree of injunction. 4. The learned counsel for the petitioner has placed on record the copy of the tax paid Panchayat receipt, building license issued by the Panchayat to the petitioner and also building licenses issued in respect of similar sites. 5. In light of the fact that the petitioner has been permitted to put up a structure by the Panchayat who is the regulatory authority over the lands coming within the Panchayat area, the Tahasildar would not be right in issuing a notice saying that the layout is illegally formed. - 4 - NC: 2025:KHC:12331 WP No. 1672 of 2024 6. It is also to be noticed here that the proceedings are admittedly initiated at the behest of Gangamma who has already filed a suit against the petitioner and therefore, the intent of the Tahasildar is basically a reflection of the intent of Gangamma. 7. In that view of the matter, it would not be appropriate to permit the Tahasildar to initiate proceedings in the purported exercise of powers under Sections 25 and 96(1) of the Act. 8. Consequently, the writ petitions are allowed and the impugned notice is quashed. 9. The Civil Court is directed to make an endeavor to dispose of the suit in O.S. No.511 of 2022 as expeditiously as possible, subject to both the parties co-operating. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 45