- 1 - HC-KAR NC: 2025:KHC:39122 WP No. 29542 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.29542 OF 2025 (KLR-RES) BETWEEN: 1. SRI H. N. PRABHAKARA S/O. LATE H. V. NARASIMHAMURTHY AGED ABOUT 50 YEARS 2. SMT. PUSHPAVATHY W/O. H. N. PRABHAKARA AGED ABOUT 45 YEARS PETITIONER NOS.1 AND 2 ARE RESIDING AT AMKUNDI VILLAGE MOLAKALMURU TALUK-577 535 CHITRADURGA DISTRICT 3. SRI BOMMANNA S/O. LATE BOOTAPPA AGED ABOUT 45 YEARS 4. ERAMMA AGED ABOUT 60 YEARS W/O. BIN BOOTHAPPA PETITIONER NOS.3 AND 4 ARE RESIDING AT HOSAHATTI (TALAVARAHATTI) MOLAKALMURU TALUK-577 535 CHITRADURGA DISTRICT …PETITIONERS (BY SRI SIDDAPPA B. M., ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:39122 WP No. 29542 of 2025 AND: 1. THE TAHSILDAR MOLAKALMURU TALUK MOLAKALMURU-577 535 CHITRADURGA DISTRICT 2. SRI K. M. CHENNABASAPPA S/O. K. H. MANJUNATHA AGED ABOUT 40 YEARS 3. SRI ANJINAPA S/O. LATE KARADIHALLI HONNURAPPA AGED ABOUT 50 YEARS 4. SRI NAGARAJA S/O. LATE MARAPPA AGED ABOUT 60 YEARS RESPONDENT NOS.2 TO 4 ARE RESIDING AT AMKUNDI VILLAGE MOLAKALMURU TALUK-577 535 CHITRADURGA DISTRICT …RESPONDENTS (BY SRI MANJUNATH K., H.C.G.P., FOR R-1) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE ISSUED BY THE R-1 IN NO. N.C.R.CR:40/2025-26 DATED 01.09.2025 PRODUCED AS ANNEXURE-L TO THE WRIT PETITION; SO FAR IT RELATES TO PETITIONERS. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:39122 WP No. 29542 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent No.1. Notice to other respondents is not necessary for the following reasons: Learned Counsel for the petitioners submits that the respondent-Tahsildar has issued the impugned notice at Annexure-L dated 01.09.2025 predetermining that the petitioners are in unauthorised occupation of certain extent of land on the ‘Bandi Dari’. It is submitted that the Tahsildar is not the competent authority under the Karnataka Land Revenue Act, 1964. 2. Having regard to the nature of the dispute brought before this Court that there are encroachments on ‘Bandi Dari’, which would be a public property, the writ petition stands disposed of while directing the respondent- Tahsildar and the petitioners herein to treat the impugned notice at Annexure-L as a show cause notice to the - 4 - HC-KAR NC: 2025:KHC:39122 WP No. 29542 of 2025 petitioners. The petitioners are directed to give a reply to the show cause notice within a period of one week from the date of receipt of a copy of this order. The respondent-Tahsildar shall receive the same, and consider the reply if he is a competent authority or forward the reply given by the petitioners to the competent authority who shall consider the reply, afford an opportunity appearing to the petitioners and if required a joint survey shall be conducted in the presence of the petitioners to find out whether there are encroachments. The competent authority shall accordingly proceed and pass necessary orders after affording opportunity of hearing to the petitioners, in accordance with law as expeditiously as possible. Needless to observe that till such orders are passed by the competent authority the Tahsildar shall not proceed in terms of the impugned notice. - 5 - HC-KAR NC: 2025:KHC:39122 WP No. 29542 of 2025 3. Learned Additional Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT:VC