- 1 - HC-KAR NC: 2025:KHC:42622 WP No. 30537 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30537 OF 2025 (KLR-RES) BETWEEN: 1. SMT. VENKATALAKSHMAMMA W/O VENKATAPPA AGED ABOUT 57 YEARS 2. SHRI. M. SHIVA KUMAR S/O VENKATESHAPPA AGED ABOUT 49 YEARS 3. SHRI. VENKATESH SHETTY S/O. MUNIVENKATESH SHETTY AGED ABOUT 77 YEARS 4. SHRI. VENKATARAVANAPPA S/O LATE. CHIKKA MUNIYAPPA AGED ABOUT 75 YEARS 5. SHRI. ANAND.K KRISHNAPPA AGED ABOUT 57 YEARS 6. SMT. LAKSHMI.G W/O. RAM KUMAR. G AGED ABOUT 47 YEARS 7. SHRI. V.NARAYANA SWAMY S/O VENKATAPPA AGED ABOUT 76 YEARS 8. SHRI. NAGARAJ S/O SADAPPA AGED ABOUT 52 YEARS Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42622 WP No. 30537 of 2025 9. SMT. SHYLA W/O VENKATESH AGED ABOUT 38 YEARS 10. SMT. GOWRAMMA W/O NAGARAJ AGED ABOUT 38 YEARS 11. SMT PADMAMMA W/O VENKATARAMAPPA AGED ABOUT 52 YEARS 12. SMT. PADMAMMA W/O N. PADMANABHA AGED ABOUT 52 YEARS 13. SHRI. V. SRINIVAS S/O VENKATAPPA AGED ABOUT 62 YEARS 14. SMT. LAKSHMI DEVAMMA W/O NARAYANA SWAMY AGED ABOUT 48 YEARS SMT. RADHAMMA (SINCE DEAD REPRESENTED BY HER LEGAL HEIRS) 15. SHRI. K. MANJUNATHACHARI S/O. BRAMHACHARI AGED ABOUT 44 YEARS 16. SHRI. SUNDRACHARI S/O. BRAMHACHARI AGED ABOUT 39 YEARS SMT. LAKSHMAMMA (SINCE DEAD REPRESENTED BY HER LEGAL HEIR) - 3 - HC-KAR NC: 2025:KHC:42622 WP No. 30537 of 2025 17. SHRI. SHIVACHARI S/O ESWARACHARI AGED ABOUT 49 YEARS 18. SMT. NAGARATHANAMMA W/O RAGHUPATHI AGED ABOUT 57 YEARS 19. SHRI. P.M DEVAPPA S/O. JANGAMAMUNI SWAMY AGED ABOUT 73 YEARS 20. SHRI. V. KRISHNAMURTHY S/O M. VENKATARAMAPPA AGED ABOUT 46 YEARS 21. SMT. D.V SWARNAMBHA W/O NAGARAJAIAH SHETTY AGED ABOUT 59 YEARS ALL ARE RESIDING AT SHIVAKESHAVA NAGAR, WARD NO.3, MUTHYALAPET, MULBAGAL TAUK, KOLAR DISTRICT, MULBAGAL - 563 131. …PETITIONERS (BY SRI. G.A. SRIKANTE GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAND REVENUIE, VIDHANA VEEDHI, BENGALURU - 560 001. 2. THE TAHSILDAR MULBGAL TALUK, KOLAR DISTRICT, MULBAGAL - 563 131 KOLAR DISTRICT. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA) - 4 - HC-KAR NC: 2025:KHC:42622 WP No. 30537 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS AND PROCEEDS OF THE CASE THIS HONBLE COURT BE PLEASED TO EXERCISE ITS JURISDICTION UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA AND TO ISSUE A) WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED NOTICES DATED 25.09.2025 ISSUED BY THE 2ND RESPONDENT TAHASILDAR (ANNEXURE D TO D19) IN CASE NO. NCR/CR/42/2019-20 AND ETC. 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 The petitioners have called in question the validity of notices of eviction issued to them. Notices at Annexure-D series have been issued on the premise that there is encroachment of lake land. While observing the alleged encroachment, petitioners were asked to vacate and handover the vacant possession. 2. Learned counsel for the petitioners submits that the report of the Revenue Inspector which alleges encroachment of the lake land was without notice to the petitioners. Further submitted that in the event the State authorities are of the - 5 - HC-KAR NC: 2025:KHC:42622 WP No. 30537 of 2025 view that there has been encroachment of lake land or public property, the authorities are required to take recourse to procedure under Section 67 of the Karnataka Land Revenue Act, 1964 (for short 'the Act,1964') and proceed further. 3. In the light of the procedure prescribed under Section 67 of the Act, 1964 notices at Annexure-D to D-19 are set aside. Respondent-State is at liberty to follow the procedure under Section 67 of the Act, 1964 or such other procedure prescribed under the law and proceed further. 4. Needless to state that the ascertainment of encroachment by survey requires to be done in the presence of petitioners and other affected parties and subsequent to such survey an enquiry as contemplated under the Karnataka Land Revenue Act may be initiated. Accordingly, petition is disposed of in terms of the observations made above. All contentions of the parties are kept open. - 6 - HC-KAR NC: 2025:KHC:42622 WP No. 30537 of 2025 Needless to state that question of disturbing of the petitioners would not arise till the proceedings as contemplated and referred to above reach logical and legal finality. Sd/- (S SUNIL DUTT YADAV) JUDGE GPG List No.: 1 Sl No.: 42 CT: BHK