- 1 - HC-KAR NC: 2025:KHC:38234 WP No. 29157 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.29157 OF 2025 (KLR-RES) BETWEEN: 1. SRI KRISHNAPPA AGED ABOUT 75 YEARS, S/O LATE GANGAIAH R/O BEECHANAHALLI, TIPPASANDRA HOBLI, MAGADI TALUK-562120 RAMNAGAR DISTRICT. (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) 2. SRI. VENKATESH, AGED ABOUT 57 YEARS, S/O LATE HANUMANTHAPPA R/AT NO.27, 4TH CROSS, GANESHA DIVISION, SULTHANPALYA, R.T.NAGAR, BANGALORE - 560 032. …PETITIONERS (BY SRI. T.P VIVEKANANDA, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE-560 001 REPRESENTED BY ITS SECRETARY Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38234 WP No. 29157 of 2025 2. THE DEPUTY COMMISSIONER, BANGALORE SOUTH, RAMANAGARA-562159 3. THE ASSISTANT COMMISSIONER, RAMNAGAR SUB-DIVISION, RAMANAGAR-562159 4. THE THASILDAR, MAGADI TALUK, MAGADI-562120 RAMNAGAR DISTRICT. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS MAGADI TALUK-562120 RAMNAGAR DISTRICT. …RESPONDENTS (BY SMT. B P RADHA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR SIMILAR WRIT OR ORDER OR DIRECTION TO QUASH THE ORDER BEARING NO. N.C.R/CR/222/2024-25 DATED 12.09.2025 ISSUED BY THE RESPONDENT NO.4 AT ANNEXURE – AB AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:38234 WP No. 29157 of 2025 ORAL ORDER The learned Additional Government Advocate takes notice for the respondents. 2. The petitioners are aggrieved by the impugned order at Annexure-AB dated 12.09.2025 passed by respondent No.4-Tahsildar, Magadi Taluk. The learned counsel for the petitioners submits that it is clear from the impugned order at Annexure-AB that no prior notice was issued to the petitioners before the Tahsildar could conclude that the petitioners have encroached upon certain extent of land which is cart road. Ownership of the petitioners in respect of 26 guntas in Sy.No.17/3A, 36 guntas in Sy.No.17/1 and 22 guntas in Sy.No.17/3B totally measuring 2 acres 4 guntas situated at Beechanahalli Village, Magadi Taluk and 13.8 guntas in Sy.No.13/5, 15 guntas in Sy.No.13/6 and 1 acre 20½ guntas in Sy.No.13/7 situated at Kodihalli Village, Kudur Hobli, Magadi Taluk, Bengaluru South District is not disputed at the ends of respondent No.4-Tahsildar. - 4 - HC-KAR NC: 2025:KHC:38234 WP No. 29157 of 2025 3. The learned Additional Government Advocate however submits that earlier notices were issued to the petitioners on 17.12.2024. 4. Having regard to the submissions made by the learned counsel for the petitioners and on perusal of the material placed on record, this Court is of the considered opinion that the Tahsildar is required to give sufficient opportunity to the petitioners and also conduct a joint survey in the presence of the petitioners before coming to a conclusion that the petitioners have encroached upon the public property. 5. In that view of the matter, the writ petition stands disposed of by directing respondent No.4-Tahsildar and the petitioners herein to treat the impugned order at Annexure-AB as the show-cause notice to the petitioners. Fifteen days time is given to the petitioners to give a reply along with necessary documents to the Tahsildar. The respondent No.4-Tahsildar is directed to consider the reply that would be given by the petitioners and conduct a joint survey in the presence of the petitioners before coming to a conclusion that the petitioners have encroached upon the public property. - 5 - HC-KAR NC: 2025:KHC:38234 WP No. 29157 of 2025 6. The Tahsildar, thereafter, shall proceed to pass an appropriate orders in accordance with law. Needless to observe that till the entire proceedings are concluded and orders are passed by the Tahsildar, the possession of the petitioners in respect of the petition suit schedule properties shall not be disturbed. 7. If the petitioners have already made an application seeking for survey in respect of their respective lands, the Tahsildar is duty bound to consider those application also while conducting the survey in respect of the lands belonging to the petitioners and the neighbouring land which is said to be public cart road. 8. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE SN List No.: 1 Sl No.: 21