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2025 DAILYLAW 54939 (KAR)

SRI. P. A. PUTTASWAMY GOWDA v. THE TAHSILDAR

WP/24117/2025 · 2025-08-12

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31159 WP No. 24117 of 2025 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. 24117 OF 2025 (KLR-RES) BETWEEN: SRI. P. A. PUTTASWAMY GOWDA LATE P. L. ANNEGOWDA, AGED ABOUT 71 YEARS, R/A PATTADURU, KASABA HOBLI, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT-577 132. …PETITIONER (BY SRI. M. C. JAYAKIRTHI., ADVOCATE) AND: THE TAHSILDAR MUDIGERE TALUK, TALUK ADALITHA SOUDHA, MUDIGERE, CHIKKAMAGALURU DISTRICT-577 132. …RESPONDENT (BY SMT. B. P. RADHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE RESPONDENT IN CASE NO.M.A.G(E)CR.UN NUMBERED/25-26 AS PER ANNEXURE-F AND QUASH THE ORDER DATED 28/07/2025 PASSED BY THE RESPONDENT IN CASE NO.M.A.G(E)CR.UN NUMBERED/25-26 AS PER ANNEXURE-F AND ETC. Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31159 WP No. 24117 of 2025 THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. Learned Counsel for the petitioner submits that although the impugned notice at Annexure-F is styled as notice, nevertheless, the tenor of the notice makes it very clear that without affording an opportunity of hearing to the petitioner, the respondent-Tahsildar has come to a conclusion that the petitioner has encroached upon the government property. 3. Learned Additional Government Advocate would submit that the impugned notice may be treated as a show cause notice given to the petitioner while giving reasonable time to the petitioners to give a reply to the show cause notice and thereafter a direction may be issued to the Tahsildar to proceed in accordance with law. - 3 - HC-KAR NC: 2025:KHC:31159 WP No. 24117 of 2025 4. Accepting the submissions made by the learned Additional Government Advocate, the writ petition stands disposed of while directing the petitioner to treat the impugned notice at Annexure-F, as a show cause notice issued by the respondent-Tahsildar. 15 days time is given to the petitioner from today to give a reply to the show cause notice. The respondent-Tahsildar shall consider the reply that would be given by the petitioner and take action only in accordance with law. Needless to observe that until final orders are passed by the respondent-Tahsildar considering the reply that would be given by the petitioner, no precipitative action shall be taken against the petitioner. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL