- 1 - HC-KAR NC: 2025:KHC:32221 WP No. 24871 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.24871 OF 2025 (KLR-RES) BETWEEN: SRI. RAMAKUNJESHWARA VIDYAVARDHAKA SABHA (R) A REGISTERED SABHA REGISTERED UNDER THE PROVISIONS OF THE KARNATAKA SOCIETIES REGISTRATION ACT HAVING ITS OFFICE AT RAMAKUNJA VILLAGE, KADABA TALUK, DAKSHINA KANNADA DISTRICT – 574 241 REP. BY ITS SECRETARY …PETITIONER (BY SRI. S. RAJASHEKHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001 REP BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE’S OFFICE DAKSHINA KANNADA MANGALURU – 575 001. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32221 WP No. 24871 of 2025 3. THE ASSISTANT COMMISSIONER MANGALURU SUB-DIVISION, 2ND FLOOR, TALUK ADMINISTRATION BUILDING, MANGALURU - 575 001. 4. THE TAHSILDAR KADABA TALUK, TAHSILDAR’S OFFICE, KADABA DAKSHINA KANNADA DISTRICT - 574221 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED EVICTION NOTICE IN FORM NO.47 DATED 19.07.2025 BEARING NO.LND.CR.119/24-25,121/25-26 ISSUED BY THE 4TH RESPONDENT UNDER RULE 149-A OF THE KARNATAKA LAND REVENUE RULES, 1966 VIDE ANNEXURE-A. THIS 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. The grievance of the petitioner - Institution is directed towards the impugned notice at Annexure-A - 3 - HC-KAR NC: 2025:KHC:32221 WP No. 24871 of 2025 issued by the Tahasildar, Kadaba Taluk. Learned counsel for the petitioner submits that the petitioner-Trust has established an educational institution in the year 1919 and there are 2500 students studying in the institution. Having regard to the large number of students studying in the institution, the petitioner-institution has made a request to the Deputy Commissioner, Dakshina Kannada District, in terms of Annexure-B dated 30.08.2021 for grant of 6 acres 83 cents. Learned counsel would draw the attention of this Court to Annexure-H, a report submitted by the Revenue Inspector to the Tahasildar and submits that as per the petitioner total extent of 16.07 acres of land in various survey numbers abutting the property belonging to the petitioner are available for grant for the purpose of playground and further construction. However, in the report, the Revenue Inspector has clearly stated that the survey numbers and the extent given by the petitioner do not tally and what is tallying is only 6.83 acres and accordingly recommendation is made by the Assistant - 4 - HC-KAR NC: 2025:KHC:32221 WP No. 24871 of 2025 Commissioner to the Deputy Commissioner recommending grant of 6 acres 83 cents of land in favour of the petitioner- institution. However, in the meanwhile the impugned notice has been issued by the Tahasildar alleging that the petitioner is in unauthorised occupation of 5 acres 40 cents of land. Learned counsel submits that until the application filed by the petitioner seeking grant is considered by the Deputy Commissioner, the Tahasildar could not have issued the impugned notice. 3. Consequently, the writ petition stands disposed of, while setting aside the impugned notice at Annexure-A with a further direction to the respondent No.2- Deputy Commissioner, Dakshina Kannada District, to pass necessary orders on the recommendation made by the Assistant Commissioner at Annexure-C, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order. - 5 - HC-KAR NC: 2025:KHC:32221 WP No. 24871 of 2025 4. Needless to observe that the Tahasildar shall not take any further steps till orders are passed by the Deputy Commissioner. 5. 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