- 1 - NC: 2025:KHC:17299 WP No. 10711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 10711 OF 2025 (KLR-RES) BETWEEN: SMT. PREMALATHA D/O LATE. GOVINDA POOJARY AGED ABOUT 52 YEARS RESIDING AT NANDA GOKULA NEAR BELURU HOUSE HANDADI VILLAGE, POST BRAHMAVARA BRAHMAVARA TALUK UDUPI DISTRICT - 576 213. …PETITIONER (BY SRI. DHANANJAY KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA, BENGALURU -560001. 2. THE DEPUTY COMMISSIONER DEPUTY COMMISSIONER OFFICE RAJATADRI, MANIPAL UDUPI DISTRICT -576101. 3. THE TAHSILDAR TALUK OFFICE, BRAHMAVARA TALUK UDUPI DISTRICT - 576213. 4. THE REVENUE INSPECTOR TALUK OFFICE Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17299 WP No. 10711 of 2025 BRAHMAVARA TALUK UDUPI DISTRICT - 576 213. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 21.02.2025 IN NO.NCR/CR/84/2024 E-164930 ISSUED BY THE R-3 i.e. THE TAHASILDAR TO THE PETITIONER HEREIN VIDE ANNEXURE-A. 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 Learned AGA accepts notice for the respondents. 2. The petitioner is challenging the notice dated 21.02.2025 by which he has been called upon to handover the possession of the land bearing Sy. No.101/21 measuring 42 cents as it was part of the Government Tank. On perusal of the impugned notice indicates that the said notice is based on the report of the Assistant Director of Land Records. 3. It is the case of the petitioner that he has neither been notified nor heard in the matter nor has he been - 3 - NC: 2025:KHC:17299 WP No. 10711 of 2025 furnished with the copy of the report on the basis of which the impugned notice has been passed. Notice that is impugned in the petition does not indicate as to whether the petitioner was called upon to furnish his explanation and whether he has called upon the petitioner to furnish any documents in support of she being in possession. 4. In that view of the matter, it is appropriate to direct the impugned notice to treat it as a show cause notice and permit the petitioner to file her reply within a period of four weeks. 5. Since a report of the Assistant Director of Land Records is also referred to in the report, respondent No.3 - Tahasildar is hereby directed to furnish all the relevant documents on the basis of which the impugned notice has been furnished to enable the petitioner to file a comprehensive set of objections. So the petitioner shall also be heard in the matter before an order is passed. Until then, there shall be no action be taken by respondent No.3 - Tahasildar. - 4 - NC: 2025:KHC:17299 WP No. 10711 of 2025 In view of the above, the writ petition stands disposed of. Sd/- (N S SANJAY GOWDA) JUDGE NBM List No.: 1 Sl No.: 11