- 1 - HC-KAR NC: 2025:KHC:33336 WP No. 26071 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26071 OF 2025 (KLR-RES) BETWEEN: SRI. B. S. SIDDAPPA S/O LATE B.M.SHIVARUDRAPPA, AGED ABOUT 75 YEARS, R/O NO.29, ANNEHAL VILLAGE AND POST, KASABA HOBLI, CHITRADURGA TALUK AND DISTRICT, CHITRADURGA-577555. …PETITIONER (BY SRI. SATISH DODDAMANI., SR. COUNSEL FOR SRI. SAGAR B B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANASOUDHA, BANGALORE-560001. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, CHITHRADURGA DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, CHITHRADURGA DISTRICT-577501. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33336 WP No. 26071 of 2025 3. THE DEPUTY DIRECTOR OF LAND RECORDS, CHITHRADURGA TALUK AND DISTRICT, OFFICE OF THE DDLR, CHITHRADURGA-577501. 4. THE ASSISTANT COMMISSIONER, CHITHRADURGA SUB DIVISION, OFFICE OF THE ASSISTANT COMMISSIONER, CHITHRADURGA-577501. 5. THE THASILDAR, CHITHRADURGA TALUK, OFFICE OF THE THASILDAR, CHITHRADURGA-577501. 6. THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF MINOR IRRIGATION AND UNDER GROUND WATER DEVELOPMENT SUBDIVISION J.C.R, 3RD CROSS, CHITRADURGA- 577501. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI QUASHING THE IMPUGNED ORDER/ NOTICE DATED 18.08.2025 BEARING NO.SA.KAA.E/ ANNEHAL/2025-26 ISSUED BY THE 6TH RESPONDENT VIDE ANNEXURE-E, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33336 WP No. 26071 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. Learned Senior Counsel Sri.Sathish Doddamani, appearing for the petitioner submits while drawing the attention of the Court to Annexure-C3, which is the latest RTC that the name of the petitioner is reflected in the revenue records, showing his ownership in respect of 2 Acres and 32 Guntas of land in Sy.No.42/1 situated at the Annehal Village, Kasaba Hobli, Chitradurga Taluk and District. When that being the position, respondent No.6- Assistant Executive Engineer, has issued the impugned notice at Annexure-E dated 18.08.2025 opining that the petitioner has encroached upon the Lake area. It is pointed out from the impugned notice that no extent of land is shown and the survey numbers are mentioned. The petitioner is called upon to vacate and hand over the land in question in favour of the respondent-authorities. - 4 - HC-KAR NC: 2025:KHC:33336 WP No. 26071 of 2025 3. Per Contra, learned Additional Government Advocate points out to the document annexed to the impugned notice at page No.34, where the sketch is furnished along with information in respect of every survey numbers which are around the lake. It is pointed out that at serial number E6, Sy.No.42 is shown and the extent is shown as 3 Acres and 30 Guntas. 4. Accordingly, the writ petition stands disposed of while directing respondent No.6-Assistant Executive Engineer, Department of Minor Irrigation and Underground Water Development, to treat the impugned notice dated 18.08.2025 at Annexure-E as a show cause notice. The petitioner appears to have given a reply to the notice at Annexure-F1 to respondent No.6. However, the further grievance of the petitioner is that the opinion of the respondent No.6 is based on a survey that was conducted in the absence of the petitioner. In that view of the matter, respondent No.6 and the revenue authorities including respondent No.5-Tahsildar, Chithradurga Taluk, - 5 - HC-KAR NC: 2025:KHC:33336 WP No. 26071 of 2025 are hereby directed to conduct a re-survey in the presence of the petitioner and thereafter, proceed in accordance with law after giving opportunity of hearing to the petitioner. Needless to observe that till such orders are passed by the competent authority, after giving opportunity of appearing to the petitioner, no precipitative action shall be taken against the petitioner for eviction. 5. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL