- 1 - NC: 2025:KHC:17019 WP No. 10166 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S. SANJAY GOWDA WRIT PETITION NO.10166 OF 2025 (KLR-RES) BETWEEN: 1. SIDDARAMANNA .R S/O LATE RAMALINGEGOWDA AGED ABOUT 68 YEARS. 2. LINGAPPA ALIS LINGANNA S/O LATE RAMALINGEGOWDA AGED ABOUT 70 YEARS. 3. RAJASHEKAR D.L. S/O LINGAIAH ALIS LINGANNA AGED ABOUT 45 YEARS. 4. VIRUPAKSHAIAH S/O GANGANNA AGED ABOUT 53 YEARS. ALL ARE R/AT DODDERI VILLAGE BELLAVI HOBLI TUMKUR TALUK 572107. …PETITIONERS (BY SRI. MANJUNATH T.M. ADV.,) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE 560 001. Digitally signed by RUPA V Location: High Court of karnataka - 2 - NC: 2025:KHC:17019 WP No. 10166 of 2025 2. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE - 560 001. 3. THE DISTRICT COMMISSIONER TUMKUR DISTRICT TUMKUR 572 101. 4. THE ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION TUMKUR CITY TUMKUR DISTRICT - 572 101. 5. TAHSILDAR TUMKUR TALUK TUMKUR 572101. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN ORDER, DIRECT OR WRIT IN THE NATURE OF CERTIORARI QUASHING THE NOTICE ANNEXURE-A BEARING NO.NCR:CR:180+201+149/2024, DATED 24/02/2025 ISSUED BY THE TAHSILDAR, TUMKUR TALUK, TUMKUR DISTRICT AGAINST THE PETITIONER & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:17019 WP No. 10166 of 2025 CORAM: HON'BLE MR. JUSTICE N.S. SANJAY GOWDA ORAL ORDER The petitioners are challenging a notice by which the Tahasildar has called upon the petitioners to vacate and handover the possession of certain lands which is alleged to be in unauthorized occupation of the petitioners. 2. A perusal of the order would indicate that the petitioners have not been given an opportunity of putting- forth of their contention as to whether they have encroached the land or not. In other words, there is no enquiry preceding the impugned notice. Therefore, in my view, it would be appropriate to direct the petitioners to treat the impugned order as a show cause notice and file their reply to the same within a period of four (04) weeks from the date of receipt of certified copy of this order. 3. On such objections being filed, the Tahasildar shall consider the same, hear the petitioners and then pass an order in accordance with law. Until then, no - 4 - NC: 2025:KHC:17019 WP No. 10166 of 2025 precipitative action shall be taken against the petitioners. Accordingly, the petition is disposed of. The petitioners shall appear before the Tahasildar on 19.05.2025. Sd/- (N.S. SANJAY GOWDA) JUDGE BSR List No.: 1 Sl No.: 19