Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22356 WP No. 18128 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 18128 OF 2025 (KLR-RES) BETWEEN:
SUDARSHAN N S/O SHANKARANARAYANA BHAT AGED ABOUT 29 YEARS.
R/AT NEKKAREKODI HOUSE MANCHI VILLAGE, BANTWAL TALUK D.K. DISTRICT-574 219. …PETITIONER (BY SRI. S. RAJASHEKAR, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING. DR. AMBEDKAR VEEDHI BENGALURU-560 001 REPRESENTED BY PRINCIPAL SECRETARY
2.
THE DEPUTY COMMISSIONER D.K. DISTRICT, MANGALURU-575 001
3.
THE ASSISTANT COMMISSIONER, MANGALURU SUB-DIVISION MANGALURU, D.K. DISTRICT-575 001.
4.
THE TAHSILDAR, B.C. ROAD, JODUMARGA POST,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22356 WP No. 18128 of 2025
BANTWAL TALUK, D.K. DISTRICT-574 323 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 29.05.2025 BEARING NO. L.N.D.C.R.430/2023-24/E-842141/676/25-26 ISSUED BY THE R4 VIDE ANNEXURE -A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER The learned Additional Government Advocate accepts notice on behalf of the respondents.
2. The petitioner herein challenges the notice dated 29.05.2025, (Annexure-A), issued by Respondent No.4 in favour of the petitioner’s father. The notice alleges that the petitioner has encroached upon the subject land, as mentioned therein.
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HC-KAR NC: 2025:KHC:22356 WP No. 18128 of 2025
3. I have heard Sri. S. Rajashekar, learned counsel appearing for the petitioner and Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondent-State.
4. Sri S. Rajashekar, learned counsel for the petitioner, drew the attention of the Court to Form No. 57, filed by the petitioner as per Annexure-S, as well as to the letter dated 12.06.2025 addressed by the petitioner to Respondent No.4, seeking rectification of the survey numbers and accordingly, sought for interference of this Court.
5. In that view of the matter, considering that the impugned notice at Annexure-A which is in the nature of penal action against the petitioner and was issued without affording an opportunity of replying to the said notice by the petitioner or his father and therefore, I am of the view that, notice at Annexure-A
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HC-KAR NC: 2025:KHC:22356 WP No. 18128 of 2025
be treated as show-cause notice and the petitioner is permitted to file a reply to the said notice at Annexure-A within a period of three weeks from the date of receipt of the certified copy of this order. Upon receipt of the petitioner’s reply, respondent No.4 shall decide the matter strictly in accordance with law. Till the consideration of the reply that may be filed by the petitioner herein, no coercive action shall be taken against the petitioner or his father in respect of the subject land.
With this observation, the writ petition is
disposed of.
Sd/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 18