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2025 DAILYLAW 25338 (KAR)

SRI S N RAMESH v. STATE OF KARNATAKA

WP/12439/2025 · 2025-04-28

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:17457 WP No. 12439 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. 12439 OF 2025 (KLR-RES) BETWEEN: 1. SRI S N RAMESH S/O. S.H. NAGEGOWDA AGED ABOUT 58 YEARS R/AT ARALAGUPPE VILLAGE CHIKKAMAGALURU TALUK CHIKKAMAGALURU DISTRICT-577101. …PETITIONER (BY SMT. VAIBHAVI BHAT., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU-577101. 3. THE TAHSILDAR, CHIKKAMAGALURU TALUK CHIKKAMAGALURU-577101. …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER / OFFICIAL MEMORANDUM DATED Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17457 WP No. 12439 of 2025 15/04/2025 IN NO. TAHCKM-ADMNOMISC/55/24 (E-335229) ISSUED / PASSED BY THE R3 TAHSILDAR, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU PRODUCED AT ANNX-M TO THE WP, ETC. THIS PETITION, COMING ON FOR PH HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is questioning an order dated 15.04.2025 by which he has been called upon to quit and deliver vacant possession of an alleged encroachment made by him. 2. A perusal of the order would indicate that the petitioner was not given any show-cause notice and, his objections to the proposed action were not considered. 3. In that view of the matter, Annexure – M shall be treated as a show-cause notice and the petitioner shall file his objections within a period of four weeks from today. - 3 - NC: 2025:KHC:17457 WP No. 12439 of 2025 4. The Tahsildar shall thereafter hear the petitioner and pass appropriate orders in accordance with law, until then, no precipitative action shall be taken. 5. This writ petition is accordingly disposed of. 6. 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.: 48