- 1 - NC: 2025:KHC:9963 WP No. 6161 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6161 OF 2025 (KLR-RES) BETWEEN: MOUNT CARMEL EDUCATIONAL SOCIETY #58, PALACE ROAD, VASANTHANAGARA BENGALURU - 560 052 REPRESENTED BY ITS SECRETARY SISTER ALBINA, ALSO AT: MOUNT CARMEL EDUCATIONAL SOCIETY KADIRADEVARAHALLI VILLAGE, THONDEBAVI HOBLI, GOWRIBIDANUR TALUK CHIKAKBALLAPURA DISTRICT …PETITIONER (BY SRI. SAGAR .G. NAHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY REVENUE DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, ROOM NO.558, MS BUILDING, 2ND GATE, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT DISTRICT OFFICES COMPLEX, SHIDLAGHATTA ROAD, CHIKKABALLPUARA - 562 101. 3. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA DISTRICT - 562 101. Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:9963 WP No. 6161 of 2025 4. THE THASILDAR, GOWRIBIDANURU TALUK, GOWRIBIDANURU CHIKKABALLAPURA DISTRICT - 562 101. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER / NOTICE BEARING NO. N.C.R.C.R/04/2024- 25 DTD. 27.01.2025 ISSUED BY THE R-4 VIDE ANNX-A AND ETC., THIS W.P., COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The petitioner is challenging a notice dated 27.01.2025, a copy of which is produced as per Annexure- 'A'. By the said notice, the Tahasildar has stated that the petitioner has encroached upon a pathway and the encroachment should be cleared. 2. A perusal of Annexure-'A' would indicate that this notice was not preceded by any show cause notice and unilaterally the Tahasildar has come to the conclusion that the petitioner has encroached upon the pathway. - 3 - NC: 2025:KHC:9963 WP No. 6161 of 2025 3. The petitioner strongly contends that he has not encroached upon any pathway and the RTC maintained by the authorities itself belies this assertion. 4. Since there was no show cause notice issued prior to issuance of Annexure-'A', in my view, it is appropriate to dispose of the petition by directing the petitioner to treat Annexure-'A' as a show cause notice and file its objections within a period of three weeks from the date of receipt of copy of this order. On such objections being filed, the Tahasildar should consider the objections raised by the petitioner and pass an appropriate orders after hearing the petitioner and until then, no coercive action shall be taken by the Tahasildar. Accordingly, the writ petition is disposed of. Sd/- (N S SANJAY GOWDA) JUDGE BH List No.: 1 Sl No.: 27