- 1 - HC-KAR NC: 2025:KHC:33222 WP No. 9935 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 9935 OF 2025 (KLR-RES) BETWEEN: PRAVEEN KUMAR SHETTY S/O LATE JOGAPPA SHETTY, AGED ABOUT 49 YEARS, BADAHADIMANE, MOOD KEDOOR, KEDOOR VILLAGE POST, KUNDAPURA TALUK - 576 231. …PETITIONER (BY SRI. K. SHRIHARI, ADVOCATE) AND: 1. THE SECRETARY TO REVENUE DEPARTMENT, VIDHANA SAUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE TAHASILDAR, KUNDAPURA TALUK UDUPI DISTRICT - 576 201 EMAIL: thasildarkundapuragmail.com. 3. SMT. SUMITRA W/O SATHISHA, MAJOR, MOOD KEDOOR, KEDOOR VILLAGE AND POST, KUNDAPURA TALUK - 576 231. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33222 WP No. 9935 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MEMO DATED 28TH FEBRUARY 2025 BEARING NO. MAG.CR.616/2024-25 FILED AND MARKED AS ANNEXURE-A AND ISSUE SUCH OTHER WRIT OR ORDER ON THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 and 2. Notice to respondent No.3 is not necessary for the following reasons. 2. Learned counsel for the petitioner draws the attention of this Court to Annexure-G, a report submitted by the Revenue Inspector, Kundapura Hobli, to the Tahsildar stating that in view of the allegation against the petitioner that he has encroached upon a public road, he has visited the spot and has requested the Tahsildar for permission to survey the lands in order to ascertain the truth of the allegations made against the petitioner. Learned counsel submits that without even conducting a survey, respondent No.2-Tasildar has issued the impugned - 3 - HC-KAR NC: 2025:KHC:33222 WP No. 9935 of 2025 memo at Annexure-A dated 28.02.2025, calling upon the petitioner to evict himself from the lands in question and remove the encroachment. 3. The writ petition is partly allowed. The impugned memo at Annexure-A is hereby quashed and set aside. However, respondent No.2-Tahsildar, Kundapura Taluk, is directed to issue notice to all concerned, including the petitioner, and cause a survey in the presence of the rival claimants, thereafter, pass necessary orders if there is any encroachment on the public road, either at the hands of the petitioner or any other person. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 14 CT: BHK