- 1 - NC: 2025:KHC:9854 WP No. 6599 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6599 OF 2025 (KLR-RES) BETWEEN: 1. BASAVARAJ M S/O LATE H MUNIRAJU AGED 54 YEARS R/ AT. DHARMAPURA VILLAGE VIJAYAPURA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562132 …PETITIONER (BY SRI. SUSHAL TIWARI N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT 1ST FLOOR, DC OFFICE, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562110 2. THE ASSISTANT COMMSIIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA-561203 BENGALURU RURAL DISTRICT 3. THE TAHSILDAR, DEVANAHALLI TALUK, DEVANAHALLI-562110 BENGALURU RURAL DISTRICT …RESPONDENTS (BY SMT. B.P.RADHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9854 WP No. 6599 of 2025 ENCROACHMENT CLERANCE ORDER BEARING NO E. COMP. NO.333299 DATED 14/11/2024 PASSED BY THE 1ST RESPONDENT PRODUCED AS ANNEXURE-A SO FAR AS IT RELATES TO SCHEDULE PROPERTIES BEARING SURVEY NO 2/1 AND 2/6 ONLY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is aggrieved by the order of eviction passed against him on 14.11.2024. 2. In the impugned order of eviction, it is stated that notices were issued to all concerned and they were also served. It is also stated therein that report regarding service of notice in this regard had been furnished to the Deputy Commissioner and since there was no response, the Deputy Commissioner was constrained to pass an order of eviction. 3. Learned counsel also points out that in response to the notice that has been received, the petitioner had - 3 - NC: 2025:KHC:9854 WP No. 6599 of 2025 submitted his response on 15.05.2024, which is acknowledged as Annexure-E. 4. As could be seen from the response on 17.05.2024, the same is also acknowledged as per Annexure-E1, he, therefore, submits that in the light of these two responses given by the petitioner, the observation that no objections are given for the alleged encroachment cannot be sustained. 5. A perusal of Annexures-E and E1 does indicate that the petitioner had responded to the notices and his response has also been acknowledged by the authorities. 6. Learned Additional Government Advocate seeks to contend that the petitioner has given an Undertaking on 05.12.2024 to vacate and hand over possession and places on record the representation given by him in that regard. - 4 - NC: 2025:KHC:9854 WP No. 6599 of 2025 7. A perusal of said Annexures would indicate that the petitioner has not given any Undertaking, but has stated that an inquiry should be conducted under Section 39(3) of the Karnataka Land Revenue Act, 1964 and a joint survey be conducted and in this joint survey it has been established that he has been in possession and he would abide by the said survey. 8. It is, therefore, the specific case of the petitioner that petitioner was neither served with the notice nor was the survey conducted in his presence. 9. In the light of the above, in my view, since objections have been filed by the petitioner, and yet the impugned order is passed on the ground that there were no objections raised, the same cannot be sustained and will have to be quashed. 10. The Deputy Commissioner is directed to reconsider the entire matter by considering the responses given by the petitioner and also ensure that a joint survey - 5 - NC: 2025:KHC:9854 WP No. 6599 of 2025 be conducted in the presence of the petitioner before he passes an order regarding eviction. This Writ Petition is, accordingly, allowed. 11. Since the petitioner is represented before the Court, he shall appear before the Deputy Commissioner on 20.03.2025 to take further instructions. 12. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 33