- 1 - NC: 2025:KHC:17458 WP No. 12482 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12482 OF 2025 (KLR-RES) BETWEEN: 1. SMT. MANJULA AGED ABOUT 48 YEARS, W/O. CHANDRASHEKAR SHETTY, R/O. MARDI, HANCHINAMANE, HOSURU VILLAGE, VANDSE HOBLI, KUNDAPURA TALUK, UDUPI DISTRICT-576 233. …PETITIONER (BY SRI. K PRASANNA SHETTY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001. 2. ASSISTANT COMMISSIONER KUNDAPURA SUB DIVISION, KUNDAPURA, UDUPI DISTRICT-576 101. 3. TAHASHILDAR KUNDAPURA TALUK, UDUPI DISTRICT-576 101. …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) 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:17458 WP No. 12482 of 2025 NOTICE BEARING NO. NCRCR 288/2024-25 DATED 01/03/2025 ISSUED BY THE R3 (ANNX-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 is challenging an order of eviction issued by the Tahsildar. 2. The Tahsildar in the impugned order has called upon the petitioner to quit and deliver vacant possession of an extent of 5 cents in Sy.No.141. 3. It is the case of the petitioner that she has already made an application seeking for regularization and until that application is considered, the Tahsildar could not have ordered for eviction. 4. In the light of the fact that the petitioner is contending that she has made an application for regularization of unauthorised construction, the Tahsildar cannot obviously evict the petitioner if such - 3 - NC: 2025:KHC:17458 WP No. 12482 of 2025 an application is indeed filed and is pending consideration. 5. In the light of the said fact, it would be appropriate to direct the Tahsildar to treat Annexure - A as a show-cause notice and permit to file objections within a period of four weeks. 6. It would be open for the petitioner to raise all such objections including the objection, that she has filed an application for regularization and the Authorities have granted her license to construct a residential structure. 7. If such objections are filed, the Tahsildar shall consider the same and after hearing the petitioner, proceed to pass an appropriate orders in accordance with law within a period of three months thereafter. 8. This writ petition is accordingly allowed. - 4 - NC: 2025:KHC:17458 WP No. 12482 of 2025 9. Until the consideration of the objections, no precipitative action shall be taken against the petitioner. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 50