- 1 - HC-KAR NC: 2025:KHC:48728 WP No. 33971 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 33971 OF 2025 (KLR-RES) BETWEEN: SRI. AMJAD PASHA ALIAS AMJAD S/O LATE AMEERJAN, AGED ABOUT 72 YEARS, R/AT NO.525, 3RD CROSS, KURUBURPET, MULBAGAL-TALUK, MULBAGAL-563 131. …PETITIONER (BY SRI. MOHAMAD JAVEEDULLA.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKAS SOUDHA, BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. TAHSILDAR, MULBAGAL TALUK, MULBAGAL-563 131. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 25.09.2025 BEARING NO. NCR CR/42/2019-20 AT ANNX-A ISSUED BY THE R2 AND ETC. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48728 WP No. 33971 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has challenged the notice dated 25.09.2025 at Annexure- A, which is a notice directing the petitioner to evict himself from the property, failing which proceedings would be taken under Section 192-A of the Karnataka Land Revenue Act, 1964. 2. Learned counsel for the petitioner submits as regards notice issued by the Tahsildar, Mulbagal where the notice is identical and petitioner is placed in an identical position as the petitioner in WP No.31641/2025. The petition has been allowed and on parity, and the same relief may be extended to the petitioner in the present case also. 3. Learned AGA submits that facts are identical and matter may be disposed of on same terms. 4. Order in WP No.31641/2025 reads as follows; - 3 - HC-KAR NC: 2025:KHC:48728 WP No. 33971 of 2025 "The petitioner has called in question the correctness of the notice at Annexure-A dated 25.09.2025. In terms of the said notice, the petitioner is treated to be an encroacher in terms of the report of the Revenue Inspector and has been directed to vacate and hand over the possession, failing which the proceedings under Section 192(A) of the Karnataka Land Revenue Act, 1964 (for short 'the Act') would be initiated. 2. Learned counsel for the petitioner submits that the notice at Annexure-A is liable to be set aside as the petitioner is the owner of the property purchased in public auction from the Municipal Council and submits that there are registered documents in his favour and that he has been paying taxes to the Municipal Council. It is submitted that the question of resorting to a summary enquiry in the present case would not arise. It is also stated that if at all there is any encroachment as alleged, there ought to be a survey in the presence of the petitioner to determine as to whether in fact there was any encroachment of public property. 3. Learned AGA submits that action was taken on the basis of reports of the revenue inspector. 4. It must be noticed that the notice at Annexure-A seeking to invoke Section 192A of the Act which criminalize encroachment of public property cannot be issued without a prior enquiry. 5. If it is the case of the respondent-State that if the public property has been encroached upon, there must be notice issued to the petitioner and determination of encroachment of property by way of a survey in the presence of the petitioner. It is the case of the State that the State has a right over the property as being lake property or public property. Needless to state, prima facie, the procedure under Section 67 of the Act is required to be initiated with due notice to the petitioner. - 4 - HC-KAR NC: 2025:KHC:48728 WP No. 33971 of 2025 6. Accordingly, the petition is disposed of. The Notice at Annexure-A is set aside. The respondents-authorities are at liberty to take appropriate action and follow the procedure as is available under the Act as regards alleged encroachment in accordance with law. Needless to state the question of disturbing the petitioner's possession would not arise till all proceedings as contemplated and referred to above reach logical and legal finality. Needless to state any determination of encroachment must be after following principles of natural justice. All contentions are kept open. 5. Taking note of parity on facts and position of law which is not disputed, present petition is disposed of on same terms as extracted above in respect of the order passed in W.P.No.31641/2025. The notice at Annexure-A is set aside. Respondent-authorities are at liberty to take appropriate action and follow the procedure as is available under the Act as regards alleged encroachment in accordance with law, in light of the observations made in W.P.No.31641/2025 extracted above. 6. Needless to state that the question of disturbing the petitioner's possession would not arise till all proceedings as contemplated and referred to above reach logical and legal finality. Needless to state, any - 5 - HC-KAR NC: 2025:KHC:48728 WP No. 33971 of 2025 determination of encroachment must be after following principles of natural justice. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE RU List No.: 1 Sl No.: 59