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2025 DAILYLAW 54496 (KAR)

SRI B S HARSHA v. STATE OF KARNATAKA

WP/17332/2024 · 2025-08-12

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31134 WP No. 17332 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 17332 OF 2024 (KLR-RES) BETWEEN: SRI. B S HARSHA SON OF B K SHANKAREGOWDA AGED ABOUT 40 YEARS R/AT BHAKTHARAHALLI VILLAGE KOTHAGERE HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT - 572120 …PETITIONER (BY SRI. PUNITH C., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU - 560001 2. THE TAHSILDAR KUNIGAL TALUK TUMAKURU DISTRICT - 572130 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31134 WP No. 17332 of 2024 3. THE DEPUTY TAHSILDAR KOTHAGERE HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT - 572130 4. THE REVENUE INSPECTOR KOTHAGERE HOBLI KUNIGAL TALUK TUMAKURU DISTRICT - 572130 5. SRI BYRAPPA SON OF LATE HUTCHAIAH AGED ABOUT 55 YEARS R/AT BHAKTHARAHALLI VILLAGE KOTHAGERE HOBLI, KUNIGAL TALUK TUMAKURU DISTRICT - 572120 …RESPONDENTS (BY SRI. SESHU V., HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED LETTER/COMMUNICATION DTD 13.05.2024 AS PER ANNEXURE-D VIDE REFERENCE NO. NCR.CR.37/2023-24 PASSED BY THE R-2 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31134 WP No. 17332 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.1 to 4. Notice to respondent No.5 is not necessary for the following reasons. 2. The petitioner is aggrieved of the impugned notice at Annexure-D dated 13.05.2024, wherein the Tahsildar, Kunigal Taluk has called upon the petitioner to participate in the Survey that was going to be conducted on 11.06.2024. The petitioner was called upon to come along with all relevant documents pertaining to his land bearing Sy.No.16/1. 3. Although, learned counsel for the petitioner seeks to place on record certain other information pursuant to the notice issued, learned High Court Government Pleader raises an objection that the petitioner would not get any cause of action to have filed this writ petition questioning the notice issued by the Tahsildar, which is in accordance with law. - 4 - HC-KAR NC: 2025:KHC:31134 WP No. 17332 of 2024 4. The learned High Court Government Pleader is right in his submission that a writ petition cannot be filed questioning a notice issued by a Competent Authority. Cause of action would arise for the petitioner only if action is taken by the Tahsildar contrary to any provision of law. 5. With these observations, the writ petition stands disposed of. 6. Learned High Court Government Pleader is permitted to file Memo of Appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KG List No.: 1 Sl No.: 5