- 1 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 17980 OF 2025 (KLR-RES) BETWEEN: 1. SRI. G. SRINIVASAIAH S/O. SRI. GOVINDAPPA, AGED ABOUT 76 YEARS, R/AT NO. 221, KAGGALIPURA, UTTARAHALLI HOBLI, KANAKAPURA MAIN ROAD, BENGALURU SOUTH TALUK - 560 082. 2. SRI. GOPINATH S/O. SRI. KUNTANNA, AGED ABOUT 58 YEARS, R/AT NO.351, 13 ABAIAHNA GUDI BEEDI, KAGGALIPURA, UTTARAHALLI HOBLI, KANAKAPURA MAIN ROAD, BENGALURU SOUTH TALUK - 560 082. 3. SRI. K. C. MUNIRAJU S/O. SRI. CHIKKAVENKATAPPA, AGED ABOUT 70 YEARS, R/AT NO. 100A, A BLOCK, KAGGALIPURA, UTTARAHALLI HOBLI, KANAKAPURA MAIN ROAD, BENGALURU SOUTH TALUK - 560 082. 4. SRI. S. V. LOKESH S/O. SRI. VENKATAPPA @ MIRALAPPA, AGED ABOUT 55 YEARS, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 R/AT NO.9, KANAKAPURA MAIN ROAD, SALU HUNASE, BENGALURU SOUTH, BENGALURU - 560 082. 5. SRI. JAGANNATH. S. M. S/O. LATE SRI. MUNIRAJU, AGED ABOUT 53 YEARS, R/AT NO. 2, KANAKAPURA MAIN ROAD, SALU HUNASE, BENGALURU SOUTH, BENGALURU - 560 082. 6. SRI. CHETHAN. G S/O. LATE SRI. GOPALA KRISHNA R., AGED ABOUT 31 YEARS, R/AT NO.4, KANAKAPURA MAIN ROAD, SALU HUNASE, BENGALURU SOUTH, BENGALURU - 560 082. 7. SRI. VINAY KUMAR N. C/O. NAGAPPA, AGED ABOUT 32 YEARS, R/AT NO. 154, KANAKAPURA MAIN ROAD, UDIPALYA VILLAGE, KAGGALIPURA, BENGALURU-560 082. 8. SRI. ZOBI PASHA. N S/O. LATE NAYAZ PASHA, AGED ABOUT 24 YEARS, R/AT NO. 164, 2ND CROSS, KANAKAPURA MAIN ROAD, NEAR ART OF LIVING, BENGALURU SOUTH, UDAYPURA, BENGALURU - 560 082. 9. SRI. CHANDRA G. S/O. LATE GALAPPA, AGED ABOUT 48 YEARS, R/AT NO. 32, KANAKAPURA MAIN ROAD, - 3 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 UDIPALYA, BENGALURU SOUTH, UDAYAPURA, BENGALURU - 560 052. 10. SRI. BHASKAR N. S/O. LATE NARAYANAPPA, AGED ABOUT 42 YEARS, R/AT NO. 25, KANAKAPURA MAIN ROAD, UDIPALYA, BENGALURU SOUTH, BENGALURU - 560 052. 11. SRI. NAGESH R. S/O. LATE RANGASWAMY, AGED ABOUT 38 YEARS, R/AT NO. 5/1, KANAKAPURA MAIN ROAD, KAGGALIPURA, BENGALURU - 560 082. 12. SRI. KAVI KUMAR M. S/O. LATE MALLARAPPA, AGED ABOUT 35 YEARS, R/AT NO.27, KANAKAPURA MAIN ROAD, NEAR ART OF LIVING UDIPALYA, BENGALURU SOUTH, UDAYAPURA, BENGALURU - 560 082. 13. SRI. MALLAYYA S/O. LATE HANUMAIAH, AGED ABOUT 67 YEARS, R/AT NO.26, KANAKAPURA MAIN ROAD, NEAR ART OF LIVING UDIPALYA, BENGALURU SOUTH, UDAYAPURA, BENGALURU - 560 082. 14. SRI. VENKATESH S/O. LATE VENKATARAJAPPA, AGED ABOUT 46 YEARS, - 4 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 R/AT NO.9, KANAKAPURA MAIN ROAD, NEAR ART OF LIVING UDIPALYA, BENGALURU SOUTH, UDAYAPURA, BENGALURU - 560 082. 15. SRI. C. SRINIVAS S/O. LATE CHIKKANNA, AGED ABOUT 57 YEARS, R/AT NO.20, SALU HUNSE, KAGGALIPURA, BENGALURU SOUTH, UDAYAPURA, BENGALURU - 560 082. 16. SRI. MAKANNA S/O. SRI. HOMBALAPPA, AGED ABOUT 76 YEARS, R/AT NO.64, KANAKAPURA MAIN ROAD, ASHRAMA KICHAN ROAD, UDIPALYA, UDAYAPURA, BENGALURU - 560 082. 17. SRI. NAGARAJU S/O. SRI. GUNDAPPA, AGED ABOUT 64 YEARS, R/AT NO.89, KANAKAPURA MAIN ROAD, SALU HUNASE, UDAYAPURA, BENGALURU-560 082. 18. SRI. KARIYAPPA S/O. SRI. THIMMAIAH, AGED ABOUT 57 YEARS, R/AT NO.112, KANAKAPURA MAIN ROAD, SALU HUNSE, BENGALURU SOUTH, UDAYAPURA, BENGALURU-560 082. 19. SRI. V. MUNIYAPPA S/O. SRI. VENKATARAJAPPA, AGED ABOUT 85 YEARS, - 5 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 R/AT KANAKAPURA MAIN ROAD, UDAYAPURA, BENGALURU SOUTH, BENGALURU-560 082. 20. SMT. VENKATAMMA W/O. SRI. VENKATAPPA, AGED ABOUT 64 YEARS, R/AT NO. 24/2, AKKAMAHADEVI ROAD, YOGANJANEYA TEMPLE, GAVIPURAM, GAVIPURAM EXTENSION, BENGALURU-560 019. 21. SRI. SIDDAPPA S/O. SRI. BEERAPPA, AGED ABOUT 67 YEARS, R/AT NO. 321, KANAKAPURA MAIN ROAD, UDIPALYA, BENGALURU SOUTH, BENGALURU-560 082. 22. SRI. GALAPPA S/O. LATE JAVARAPPA, AGED ABOUT 51 YEARS, R/AT NO. 18, KANAKAPURA MAIN ROAD, UDIPALYA, BENGALURU SOUTH, UDAYAPURA, BENGALURU - 560 082. 23. SRI. GALAPPA S/O. SRI. GULAPPA, AGED ABOUT 47 YEARS, R/AT NO. 125, 2ND CROSS, KANAKAPURA MAIN ROAD, UDIPALYA, BENGALURU SOUTH, UDAYAPURA, BENGALURU-560 082. …PETITIONERS (BY SRI. G.B. NANDISH GOWDA, ADVOCATE) - 6 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, REVENUE DEPARTMENT, DR. B. R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION, BENGALURU - 560 009. 4. THE TAHSILDAR BENGALURU SOUTH TALUK, BENGALURU - 560 009. 5. THE PANCHAYAT DEVELOPMENT OFFICER KAGGALIPURA GRAMA PANCHAYATHI, KAGGALIPURA - 571 417. …RESPONDENTS (BY SRI. V. SESHU, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE LETTER DATED 09.04.2025 BEARING NO. WRITTEN BY RESPONDENT NO.2 IN FAVOUR OF RESPONDENT NO.4 AND LETTER DATED 15.05.2025 BEARING NO.NCR (U) CR/158/2024-25 WRITTEN BY RESPONDENT NO.4 FAVOUR OF RESPONDENT NO.5 VIDE ANNEXURE-AJ AND AK TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 7 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 to 4. Notice to respondent No.5 is not necessary for the following reasons: It is the grievance of the petitioners that despite they succeeding before the civil court and obtaining judgments and decree in their favour, and a permanent injunction being granted by the civil court against the State and its authorities including the Deputy Commissioner and the Tahsildar, action is sought to be taken at the instance of one Sri.Satyanarayana, who claims to be a Social Worker to evict the petitioners who are in lawful possession of various portions of lands in Sy.No.150 of Kaggalipura Village, Uttatahalli Hobli, Bangalore South Taluk. Attention at this Court is drawn to the impugned communications at Annexures ‘AJ’ and ‘AK’, where the respondent authorities, viz., the Deputy Commissioner and the Tahsildar, are seeking to take action to evict the petitioners from the lands in question. - 8 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 2. Learned High Court Government Pleader submits that under similar circumstances in W.P.No.15218/2025, this Court disposed of the writ petition on 27.05.2025 directing that the State and its authorities shall take action only in accordance with law, if the petitioners are found in illegal possession of the lands in question. 3. However, the petitioners herein have furnished information before this Court commencing from Annexure- A, a judgment and decree passed in O.S.No.976/2005 dated 06.09.2008 permanently injuncting the respondents herein from interfering with the peaceful possession of the suit schedule property. 4. In that view of the matter, the writ petition stands disposed of with a specific direction to respondents No.2, 3 and 4 that they shall not take action against the petitioners without issuing notice and without following due process of law. At any rate, the respondents have to take note of the judgments and decree passed against them in the respective suits filed by the petitioners - 9 - HC-KAR NC: 2025:KHC:35083 WP No. 17980 of 2025 herein. If there is an order of permanent injunction restraining the respondents from interfering with the peaceful possession of the suit schedule properties, then the respondents cannot simply proceed by issuing a notice to the petitioners. 5. Learned High Court Government Pleader is directed to convey the orders passed by this Court to respondents No.2, 3 and 4, for further action. 6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL