- 1 - HC-KAR NC: 2025:KHC:32222 WP No. 25277 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25277 OF 2025 (KLR-RES) BETWEEN: 1. SHARANAPPA B D S/O DANAPPA AGED ABOUT 55 YEARS, 2. KALLAPPA M @ KALLESHAPPA S/O MURIGEPPA AGED ABOUT 55 YEARS 3. KS LOKESH S/O SHARANAPPA AGED ABOUT 63 YEARS, 4. NINGAPPA M S/O MURIGAPPA AGED ABOUT 75 YEARS, 5. KALLAPPA B D S/O DANAPPA AGED ABOUT 61 YEARS 6. MANJUNATH S/O SHARANAPPA AGED ABOUT 43 YEARS 7. TIPPESWAMY S/O EERAPPA AGED ABOUT 57 YEARS Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32222 WP No. 25277 of 2025 ALL ARE AGRICULTURISTS AND RESIDENTS OF JAMMAPURA VILLAGE, JAGALURU TALLUK, DAVANAGERE DISTRICT – 577 235 …PETITIONERS (BY SRI. HIREMATHAD MAHESHIAH RUDRAYYA, ADVOCATE) AND: 1. THE CHIEF SECRETARY DEPARTMENT OF REVENUE, MS BUILDING DR AMBEDKAR VEEDHI, BENGALURU – 560 001 2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE – 577 002 3. THE TAHASILDAR JAGALUR TALUK JAGALUR DAVANAGERE DISTRICT – 577 235 …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE PUBLIC NOTICE OF THE R-3 DATED 08.08.2025 IN SO FAR AS THE PETITIONER CONCERNED PRODUCED AT ANNX-E AND PRAYS FOR TO IN SO FAR AS PETITIONER CONCERNED ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:32222 WP No. 25277 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to tke notice for all the respondents. 2. Learned counsel for the petitioners submits that Annexure-A series is the RTCs showing the ownership of various extents of land at the hands of the petitioners. Learned counsel submits that the Tahasildar, Jagaluru Taluk, has issued the impugned public notice at Annexure- E showing the names of the petitioners and the survey numbers, but has also stated that the petitioners have encroached upon the tank/lake area/overflow area and is seeking to take action to evict the petitioners on the ground that they have encroached upon the tank area. Learned counsel submits that the petitioners have not encroached upon the tank area and they seek protection at the hands of this Court in terms of the RTCs and the entitlement of the petitioners. - 4 - HC-KAR NC: 2025:KHC:32222 WP No. 25277 of 2025 3. At this juncture, learned Additional Government Advocate submits that the Tahasildar may be directed to re-do the entire exercise by issuing prior notice to the petitioners and conducting the survey in their presence. 4. The writ petition is accordingly disposed of, while directing the respondent No.3- Tahasildar to proceed only in accordance with law after issuing prior notice to the petitioners if they have encroached upon any tank area or any other extent beyond what is owned by the petitioners in terms of the RTC. The impugned notice at Annexure-E insofar as the petitioners are concerned is hereby quashed and set aside. 5. Learned Additional Government Advocate is directed to inform the Tahasildar about the orders passed by this Court immediately. Ordered accordingly. - 5 - HC-KAR NC: 2025:KHC:32222 WP No. 25277 of 2025 6. Learned Additional Government Advocate is permitted to file his memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY List No.: 1 Sl No.: 49