- 1 - HC-KAR NC: 2025:KHC:34268 WP No. 26366 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26366 OF 2025 (KLR-RES) BETWEEN: 1. K. A. KUMARASWAMY, S/O OF LATE ANNAPPA, AGED ABOUT 57 YEARS, 2. B. JAYAKUMAR S/O LATE K. M. BEERAPPA @ BEERATAH, AGED ABOUT 51 YEARS. 3. K. C. RAJU, S/O LATE KN CHANDRASHEKARAIAH, AGED ABOUT 52 YEARS, 4. ESHWAR S/O LATE BETTAIAH, AGED ABOUT 49 YEARS, 5. NAGARAJU S/O. BETTAIAH AGED ABOUT 51 YEARS, ALL RESIDENTS OF KUKKANAHALLI VILLAGE, GOPALPUR VILLAGE PANCHAYATH, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU – 562 162. …PETITIONERS (BY SRI. R.V. NAIK, ADVOCATE) Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34268 WP No. 26366 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, M.S BUILDINGS, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BENGALURU – 560 009. 3. THE TAHASILDAR, BENGALURU NORTH TALUK, GROUND FLOOR, KANDAYA BHAVA, K.G. ROAD, BENGALURU – 560 009. 4. THE PANCHAYATH DEVELOPMENT OFFICER, GOPALAPURA PANCHAYATH, DASANPURA HOBLI, BANGALURU NORTH TALUK PIN CODE – 562 162. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS OF THE CASE NO. NCR(D)CR. 16/25-26/721724 (ANNEXURES D-1 TO D-4), AND AFTER LOOKING INTO THE LEGALITY OF THE NOTICES CUM ORDER IN DATED 20.08.2025, BE PLEASED TO SET ASIDE THE SAME IN SO FAR AS THE PETITIONERS CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:34268 WP No. 26366 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 to 3. Notice to respondent No.4 is not necessary for the following reasons. 2. Learned counsel for the petitioners submits that the impugned notices at Annexure – D series dated 20.08.2025 has been issued by the Tahasildar, Bangalore North Taluk, on the allegation that the petitioners have encroached upon a ‘Kaludari’ in Survey NoS.15/3, 133, 18/18, 17/1 of Kuknahalli, Dasanapura Hobli, Bangalore North Taluk and the petitioners are called upon to vacate the kaludhari and remove the encroachment within a period of one week, without issuing any prior notice to the petitioners. 3. The writ petition is accordingly disposed of, while directing the Tahasildar and the petitioners to treat the impugned notices as show cause notices to the - 4 - HC-KAR NC: 2025:KHC:34268 WP No. 26366 of 2025 petitioners. 15 days time is given to the petitioners to give a reply along with documents to show that the petitioners have not encroached upon the Kaludhari. The Tahasildar shall consider the reply and cause a survey in the presence of the petitioners and thereafter proceed, if it is found that the petitioners have encroached upon Kaludhari belonging to the State and the public. Needless to observe that the impugned notices shall not be precipitated any further till a decision is taken by the Tahasildar after conducting survey in the presence of the petitioners. Ordered accordingly. 4. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY