- 1 - NC: 2025:KHC:9607 WP No. 6536 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6536 OF 2025 (KLR-RES) BETWEEN: 1. SRI K UDAYA SHETTY AGED ABOUT 60 YEARS S/O TEJAPPA SHETTY R/O 3-42(3) 38 KALTHOOR SANTHEKATTE POST AND VILLAGE BRAHMAVARA TALUK, UDUPI DISTRICT 576215 …PETITIONER (BY SRI. SHAHABUDDIN MOHAMMAD ANFAL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, AMBEDKAR VEEHI BANGALORE 560001. 2. TAHASHILDAR BRAHMAVARA TALUK, UDUPI DISTRICT 576213 3. ASSISTANT DIRECTOR OF LAND RECORDS BRAHMAVARA, BRAHMAVARA TALUK UDUPI DISTRICT 576213 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP FOR) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9607 WP No. 6536 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED. 17.02.2025 IN NCR/CR/04/2025 E-190921 ISSUED BY THE R-2 (ANNEXURE-A), 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 being aggrieved by the notice dated 17.02.2025 by which he has been called upon to vacate and deliver vacant possession of land bearing Sy.No.155 of Kenjoor village, Udupi Taluk, measuring 2 acres 3 guntas on the ground that the land has been encroached upon and a poultry farm has been erected by the petitioner. 2. It is the case of the petitioner that he was granted this land and after the Panchayat had granted permission, he had put up the poultry farm and hence this allegation against him is false. - 3 - NC: 2025:KHC:9607 WP No. 6536 of 2025 3. It is also submitted that the authorities are trying to evict the petitioner and hence, the petitioner is constrained to file this Writ Petition. 4. A perusal of the impugned notice dated 17.02.2025 does not indicate that the petitioner was notified prior to the passing of the impugned order. It is, therefore, appropriate to direct the petitioner to treat the impugned order dated 17.02.2025 as a show- cause notice and permit him to file objections to the said notice. 5. The petitioner shall also be entitled to furnish all such documents that are necessary to establish the fact that he is not in unauthorized occupation and if such objections are filed within three weeks from today, the Tahsildar shall consider the same and pass appropriate orders after hearing the petitioner, until then no coercive steps shall be taken against the petitioner. This Writ Petition is, accordingly, disposed of. - 4 - NC: 2025:KHC:9607 WP No. 6536 of 2025 6. 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.: 25