- 1 - HC-KAR NC: 2025:KHC:34295 WP No. 25318 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. 25318 OF 2025 (KLR-RES) BETWEEN: SMT. SAROJAMMA, W/O SRI LATE S.S.SOMEGOWDA, AGED ABOUT 67 YEARS R/O 'AMBRUTHESHWAR NILAYA', KUVEMPU NAGARA, MUDIGERE TOWN, CHIKKAMAGALURU DISTRICT-577132. …PETITIONER (BY SRI. RAVI KUMAR N R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPT. BY ITS CHIEF SECRETARY, VIDHANASOUDHA, BANGALORE-01. 2. THE TAHSILDAR, MUDIGERE TALUK, MUDIGERE-577132 …RESPONDENTS (BY SRI. SESHU V., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED NIL IN VATTUVARI CR NO. 14/2024-25 ISSUED BY THE R-2 PRODUCED AND MARKED AS ANNX-A TO THE WP AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34295 WP No. 25318 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for both the respondents. 2. The grievance of the petitioner is directed towards the impugned notice at Annexure - A dated 10.07.2025 issued by the Thasildar, Mudigere Thaluk calling upon the petitioner to vacate and hand over possession of 1.08 guntas of land in Survey No.52 of Mudigere village, which belongs to the Government. It is stated in the notice that the petitioner who is the owner of 1 acre 20 guntas of land in Survey No.102 of Mudigere village, which is adjacent to Survey No.52 has formed a layout on his property, but he has encroached upon 1.08 guntas of land in Survey No.52. 3. Learned counsel for the petitioner submits that no prior notice was issued to the petitioner and no survey was conducted in the presence of the petitioner before coming to a conclusion that the petitioner has encroached upon the said land. - 3 - HC-KAR NC: 2025:KHC:34295 WP No. 25318 of 2025 4. The writ petition stands disposed of, directing the Tahsildar and the petitioner to treat Annexure - A notice as a show cause notice to the petitioner and the petitioner shall give a reply along with requisite documents to the Tahsildar, within a period of 15 days from today. The Tahsildar shall consider the reply that would be given by the petitioner, conduct a survey in the presence of the petitioner and thereafter, proceeds to take action only in accordance with law. 5. Needless to observe that the impugned notice at Annexure - A shall not be precipitated any further by the Tahsildar, till consideration of the reply, which would be given by the petitioner as directed by this Court. Ordered accordingly. Sd/- (R DEVDAS) JUDGE KG List No.: 1 Sl No.: 31