- 1 - HC-KAR NC: 2025:KHC:40082 WP No. 18402 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 18402 OF 2016 (KLR-RES) BETWEEN: 1. BYRAPPA S/O MARIYAPPA (LATE) AGED ABOUT 70 YEARS, RESIDING AT JAKKUR VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560 064 … PETITIONER (BY SRI. PRASHANTH P N., ADVOCATE) AND: 1. THE SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI BANGALORE-560 001 2. THE THASILDAR BANGALORE NORTH TALUK (ADDL) YELAHANKA NEW TOWN BANGALORE-560 064 … RESPONDENTS (BY SMT. SPOORTHY HEGDE, HCGP) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40082 WP No. 18402 of 2016 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EVICTION NOTICE ISSUED BY THE R-2 THASILDAR DATED 29.03.2016 SL.NO.LND/NA/CR/ AT ANNEXURE-A BEING ILLEGAL, ARBITRARY, AND LACK OF AUTHORITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for setting aside of the eviction notice at Annexure-A. 2. It is the case of the petitioner that he was the owner of property in Sy. No. 96/4 to an extent of 21 guntas situated at Jakkur Village, Yelahanka Hobli, Bangalore North Taluk. It is stated that an extent of 16 guntas was acquired by the Bangalore Development Authority for formation of layout. It is further submitted that towards the northern side of the petitioner's property, there is an existing road in Sy. No. 95. It is asserted that there have been developments insofar as property has been converted to non-agricultural purpose and sites have - 3 - HC-KAR NC: 2025:KHC:40082 WP No. 18402 of 2016 been formed. He further submits that notice came to be issued at Annexure-A under Section 39 of the Karnataka Land Revenue Act, 1964 (for short 'the Act'). It is submitted that the petitioner was not aware as regards the assertion of the respondent of encroachment. 3. Learned Additional Government Advocate appearing for the State places reliance on the statement of objections and points out to the survey sketch prepared, in which it is mentioned that the petitioner is shown to have encroached upon an extent of 10 guntas in Sy. No. 95. 4. It is the case of the petitioner that he was not issued with any notice prior to survey which is now relied upon by the respondent - Authority. Learned counsel for the petitioner places reliance on the order passed in W.P.No. 6113/2012 and specifically asserts that the notice under Section 39 of the Act would contemplate procedure of summary enquiry under Sections 34 to 38 of the Act - 4 - HC-KAR NC: 2025:KHC:40082 WP No. 18402 of 2016 and that before issuing notice of eviction, the same must be preceded by such summary enquiry. 5. After hearing both sides, it would be appropriate to dispose off the present petition subject to the following observations: (a) The respondents - Authorities may hold summary enquiry as contemplated under Sections 34 to 38 of the Act. During the course of such enquiry, the petitioner is to be given an opportunity to show cause regarding the alleged encroachment and reply may be taken by the petitioner regarding show cause notice. (b) Notice at Annexure-A is to be treated as show cause notice. The Authorities are at liberty to carry out survey with notice to the petitioner while placing reliance on the earlier survey as well. The Authorities to ensure that the petitioner is also given an opportunity insofar as the survey sketch relied on by the respondents. (c) The petitioner to appear before the Tahsildar - respondent No.2 within two weeks from today. - 5 - HC-KAR NC: 2025:KHC:40082 WP No. 18402 of 2016 (d) The respondents may also consider the request of having a comprehensive survey of the encroached land in Survey No. 95, which may be done with notice to all concerned. (e) In light of the submission that there would be delay on behalf of the petitioner, the respondents - Authorities are directed to complete the survey expeditiously within a period not later than 3 months from today. Needless to state, the petitioner while making out his stand as regards to the show cause notice is entitled to place on record the documents evidencing his title and interest in the land in question while objecting to the alleged encroachment. (f) The respondents - Authorities are at liberty to proceed strictly in accordance with law taking note of the above. All contentions are kept open. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE VP