- 1 - HC-KAR NC: 2025:KHC:49825 WP No. 34649 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34649 OF 2025 (KLR-RES) BETWEEN: SMT AHALYA SHETTY WIFE OF LATE JAYARAM SHETTY, AGED ABOUT 62 YEARS, ATHRABAILU, KUNJATABAIL GRAMA, MANGALORE TALUK-575 015. …PETITIONER (BY SRI. BHARATH K.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALORE - 574 257. 2. THE TAHSILDAR, TALUK OFFICE, DAKSHINA KANNADA DISTRICT, MANGALORE-574 257. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH SET ASIDE THE IMPUGNED NOTICE DATED 06.11.2025 ISSUED BY THE R2 AS IT WAS DONE WITHOUT JURISDICTION (ANNX-A) BEARING NO.TTR/CR/115/2025-26/1019912. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49825 WP No. 34649 of 2025 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking to set aside the Notice dated 06.11.2025 issued by respondent No.2 at Annexure-A. In terms of the Notice at Annexure-A, the Tahsildar, Mangalore Taluk, has called upon the petitioner to stop the construction activity in the encroached land and evict herself. 2. Learned counsel for the petitioner submits that in terms of the said notice, though the petitioner has been called upon to evict, there was no opportunity to take her stand before the impugned notice was issued. It is further contented that the Tahsildar has no jurisdiction to initiate such proceedings. 3. Learned AGA submits that opportunity of hearing would be afforded to the petitioner before proceeding further and Notice at Annexure-A to be treated as a show-cause notice and the petitioner is to make out his reply. Petitioner also to state as to whether present usage would be permissible in Kumki land. - 3 - HC-KAR NC: 2025:KHC:49825 WP No. 34649 of 2025 4. In view of the above, the respondents are directed to take note of the stand of the petitioner to the notice at Annexure-A which is now order to be treated as show-cause notice and pass appropriate orders after adhering to principles of natural justice. All contentions are kept open. Accordingly, petition is disposed of. 5. Needless to state till conclusion of proceedings culminating in an order, the respondent-authority is not to take any precipitative action. All contentions are kept open. SD/- (S SUNIL DUTT YADAV) JUDGE RU List No.: 1 Sl No.: 13