- 1 - NC: 2025:KHC:17460 WP No. 12130 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. 12130 OF 2025 (KLR-RES) BETWEEN: 1. MR. KIRAN K N S/O NINGA SHETTY, AGED ABOUT 36 YEARS, RESIDING AT KANAGUPPE VILLAGE, ANUGHATTA POST, AREHALLI HOBLI, BELUR TALUK, HASSAN DISTRICT-573101 …PETITIONER (BY SRI. A.S.NAVEEN., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, DR.AMBEDKAR ROAD, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, HASSAN, HASSAN DISTRICT- 573201 3. THE ASST.COMMISSIONER, SAKLESHPUR HASSAN DISTRICT, HASSAN-573134. 4. THE TAHSILDAR, BELUR TALUK, HASSAN DISTRICT. 573115 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17460 WP No. 12130 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDSQUASH THE IMPUGNED NOTICE BEARING NO. MAG 84/2024-25 DATED 17/4/2025 OF THE 4TH RESPONDENT VIDE ANNEXURE-D, IS ARBITRARY, ILLEGAL AND IN VIOLATIVE OF ARTICLES 14 AND 16 OF THE CONSTITUTION OF INDIA, 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 challenge in this writ petition is to a communication sent by the Tahsildar to the Jurisdictional Sub-Inspector whereby he has called upon the Sub-Inspector to be present at the spot in order to ensure that possession of the land is taken over by the petitioner. 2. Learned counsel appearing for the petitioner submits that the Tahsildar was attempting to dispossess the petitioner without taking recourse to law and, in this - 3 - NC: 2025:KHC:17460 WP No. 12130 of 2025 regard, he had issued this communication, which was patently illegal. 3. Learned AGA, on instructions, submits that during the pendency of the writ petition, the Tahsildar has in fact taken possession. 4. In my view, if it was the case of the Tahsildar that the petitioner was in unauthorized occupation, necessarily an enquiry ought to have been conducted before dispossessing the petitioner. 5. It is settled law that even a rents trespasser cannot be dispossessed except in a manner known to law. In the present case, the petitioner contends that there is a Government Order dated 25.10.2024, by which he is entitled to seek for regularization in respect of Government lands in case plantation crops are grown. - 4 - NC: 2025:KHC:17460 WP No. 12130 of 2025 6. In my view, in the light of the assertion that possession has been taken over, the quashing of Annexure - D would be superfluous. 7. However, in the light of the observations made above, it would be appropriate to direct the Tahsildar to restore possession of the lands in question to the petitioner since he has dispossessed the petitioner illegally. Thereafter, the Tahsildar would be at liberty to initiate appropriate proceedings in accordance with law, hold an enquiry, hear the petitioner, and pass an order of eviction, if the petitioner is not entitled to continue in possession. 8. The Tahsildar shall take into consideration the fact that the petitioner is making a claim for grant of the land as per the Government Order dated 25.10.2024 and he would also be entitled to take into consideration any undertaking given by the petitioner to vacate if it has been given. - 5 - NC: 2025:KHC:17460 WP No. 12130 of 2025 9. This writ petition is accordingly allowed. 10. The said exercise shall be undertaken and completed within a period of one month from the date of receipt of a copy of this order. 11. 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.: 44