- 1 - NC: 2025:KHC:586 WP No. 6881 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 6881 OF 2021 (GM-RES) BETWEEN: SRI L.MUNIRAJU S/O LATE LAKSHMANAPPA, AGED 59 YEARS, R/O BHATTARAMARENAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DIST-562 129. …PETITIONER (BY SRI. M.B.CHANDRACHOODA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE THASILDAR, DEVANAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT-562 129. 3. SUB INSPECTOR OF POLICE, CHANNARAYAPATNA POLICE STATION, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 135. 4. GANGAVARA CHOWDAPPANAHALLI GRAMA PANCHAYATH, DEVANAHALLI TALUK, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:586 WP No. 6881 of 2021 BENGALURU RURAL DISTRICT-562 129. REPRESENTED BY PANCHAYATH DEVELOPMENT OFFICER. 5. SRI KRISHNAPPA, S/O LATE NARAYANAPPA, AGED ABOUT 57 YEARS, 6. SRI MUNEGOWDA S/O LATE NARAYANAPPA, AGED 47 YEARS, 7. SRI MANJUNATH.M S/O MUNIYAPPA, AGED 39 YEARS, 8. SRI VENKATARAMANAPPA S/O DODDAUTHANALLAPPA, AGED 66 YEARS, 9. SRI NAGARAJU S/O RAMAIAH, AGED 41 YEARS, 10. SRI VENKATESH S/O CHIKKAVENKATAPPA, AGED 41 YEARS, 11. SRI RAMESH S/O LATE ANJINAPPA, AGED 47 YEARS, RESPONDENT NO.5 TO 11 ARE R/O BHATTARAMARENAHALLI VILLAGE, CHENNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT-562 129. TUMAKURU TQ AND DIST. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 3 SRI. VARUN PAPI REDDY., ADVOCATE FOR R5 TO 11; - 3 - NC: 2025:KHC:586 WP No. 6881 of 2021 R4-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.M.B.Chandrachooda., counsel for the petitioner and Sri.Manjunatha Rayappa., AGA for respondents 1 to 3 have appeared in person. 2. Notice to the respondents was ordered on 06.04.2021. A perusal of the office note depicts that respondent No.4 is served and unrepresented. Respondent No.4 is served and unrepresented. It has neither engaged the services of an advocate nor conducted the case as a party in person. 3. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the Communication dated 19.08.2020 bearing No.LAQCR 46/2020 issued by the Tahsildar, Devanahalli Taluk, Devanahalli vide Annexure-N and the Police Notice dated NIL issued by the Sub-Inspector of Police, - 4 - NC: 2025:KHC:586 WP No. 6881 of 2021 Channarayapatna Police Station, Devanahalli Taluk vide Annexure-T, in respect of the land bearing Sy.No.117/2, measuring 02 Acres 10 Guntas situated at Bhattaramarenahalli Village, Channarayapatna Hobli, Devanahalli Taluk. 4. Heard the arguments and perused the Writ papers with care. 5. The issue revolves around a narrow compass and relates to the Communication issued by the Tahsildar to the Sub-inspector of Police, Channarayapatna Police Station and the Police Notice dated Nil. Suffice it to note that the petitioner filed a suit against respondents 5 to 11 herein in O.S.No.322/2020 on the file of Addl. Civil Judge and JMFC, Devanahalli and the Trial Court has granted an interim order of injunction against the defendants. However, respondents 5 to 11 raised a complaint before the PDO and made certain baseless allegations against the petitioner. Based on the said complaint, the PDO recommended the matter to the Tahsildar, Devanahalli. The Tahsildar directed the Sub-inspector of Police ignoring the order of injunction granted by Civil Court. In my view, the Tahsildar has acted - 5 - NC: 2025:KHC:586 WP No. 6881 of 2021 more than his authority. Furthermore, the Sub-inspector of Police also has no power to issue notice in respect of a civil dispute. Hence, the Communication and the Police Notice are liable to be set-aside and so, they are set-aside. 6. The Writ of Certiorari is ordered. The Communication dated 19.08.2020 bearing No.LAQCR 46/2020 issued by the Tahsildar, Devanahalli Taluk, Devanahalli vide Annexure-N and the Police Notice dated NIL issued by the Sub- Inspector of Police, Channarayapatna Police Station, Devanahalli Taluk vide Annexure-T are quashed. 7. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 15