- 1 - NC: 2025:KHC:13772 WP No. 9110 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9110 OF 2022 (KLR-RES) BETWEEN: A.L. NAGESH, S/O LATE LINGAPPA, AGED ABOUT 57 YEARS, R/A KODAGIHALLI, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 111. …PETITIONER (BY SRI. M.C. BASAVARAJU, ADVOCATE) AND: 1. THE SECRETARY, GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDI, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR - 572 101. 3. THE ASSISTANT COMMISSIONER, TUMKURU SUB DIVISION, TUMKUR - 572 101. 4. THE TASHILDHAR KUNIGAL TAUK Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:13772 WP No. 9110 of 2022 KUNIGAL - 572 130, TUMKUR DISTRICT. 5. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, KUNIGAL TAUK, KUNIGAL - 572 130, TUMKUR DISTRICT. 6. GANGAYALLAIAH, S/O LATE CHALUVAIAH, AGED ABOUT 74 YEARS, R/A KODAGIHALLI, AMRUTHURU HOBLI, KUNIGAL TAUK, TUMKUR DISTRICT - 572 111. 7. PANCHAYATH DEVELOPMENT OFFICER, KODAGEHALI GRAMA PANCHAYATH, KUNIGAL TQ., TUMKUR DISTRICT - 572 111. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED LETTER SENT BY THE THIRD RESPONDENT VIDE ANNEXURE-C TO THE WRIT PETITION AND IMPUGNED ORDER R.A. NO.05/2018 DATED 02.02.2022 PASSED BY THE SECOND RESPONDENT VIDE ANNEXURE-J TO THE WP UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:13772 WP No. 9110 of 2022 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The petitioner is aggrieved by the disposal of appeal that he had presented to the Deputy Commissioner. The appeal was directed against a communication made by the Assistant Commissioner to the Tahsildar dated 16.10.2024, by which, the Tahsildar was directed to take steps to remove the encroachment of 0.01 guntas of Government land and also directed the Panchayath authorities to withdraw the Kaneshumari number assigned to the house constructed by the petitioner. 2. The Deputy Commissioner, in the impugned order, has stated that the petitioner has not produced any documents to establish his claim over the said land. It is however, the complaint of the petitioner that he was not notified before the Assistant Commissioner issued a direction to the Tahsildar and spot inspection was also not conducted either by the Assistant Commissioner or the Tahsildar so as to facilitate the petitioner to establish that - 4 - NC: 2025:KHC:13772 WP No. 9110 of 2022 he had not encroached upon any portion of the Government land. 3. In my view, since the petitioner essentially filed an appeal challenging the communication and the communication was not preceded by any enquiry or by the issuance of the show-cause notice to the petitioner. In my view, it would be appropriate to quash the communication dated 16.10.2014 and it is accordingly quashed. The Assistant Commissioner is directed to issue notice to the petitioner about the alleged encroachment, afford him an opportunity of filing objections and thereafter, proceed to pass an order after hearing him. 4. Petition is allowed and the impugned orders are quashed and the matter stands remitted to the Assistant Commissioner, Tumkur Sub-Division, Tumkur. Sd/- (N S SANJAY GOWDA) JUDGE BNV CT: BHK/List No.: 1 Sl No.: 1