- 1 - HC-KAR NC: 2025:KHC:51225 WP No. 36685 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 36685 OF 2025 (KLR-RES) BETWEEN: N. RAMAKRISHNAPPA S/O LATE NARAYANAPPA, AGED ABOUT 70 YEARS, R/AT GUTTAHALLI VILLAGE, KAIWARA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-563125. …PETITIONER (BY SRI. PRASANNA D.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY, DEPT. OF REVENUE, VIDHANA SOUDHA, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR-562101. 3. THE TAHSILDHAR, CHINTAMANI TALUK, CHINTAMANI-563125. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51225 WP No. 36685 of 2025 4. THE PANCHAYATH DEVELOPMENT OFFICER, MASTHENAHALLI VILLAGE PANCHAYATH, CHINTAMANI TALUK-563125. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R3; NOTICE TO R4 IS WAIVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE EVICTION NOTICE IN NO.NCR/CR/40/2025-26 DATED 27.11.2025 ISSUED BY THE R3 AS PER ANNEXURE-S. 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 petitioner has called in question the correctness of the eviction notice at Annexure-S. The notice at Annexure-S calls upon the petitioner to remove himself from the encroached property belonging to the State and if they were not to evict themselves, necessary action would be taken. 2. Learned counsel for the petitioner submits that any action for eviction must be preceded by an enquiry with notice to the petitioner. Petitioner has placed on record the allotment letter at Annexure-B as well as the application in Form-50 at - 3 - HC-KAR NC: 2025:KHC:51225 WP No. 36685 of 2025 Annexure-C. He further submitted that license has been obtained from the Grama Panchayat and taxes are being paid. 3. It is noticed that the eviction notice at Annexure-S does not refer to any enquiry in the matter. Needless to state, when the petitioner has asserted title to the said property by placing reliance on documents produced which are referred to above, the eviction notice, if any, must be preceded by an enquiry after affording opportunity of hearing to the petitioner and enabling him to put forth his stand that he has lawful title to the said property. Accordingly, the notice at Annexure-S to be treated as show cause notice. 4. The petitioner to make out reply to the same within a period of two weeks. Thereafter, the respondent authorities are to hold a summary enquiry and record findings before proceeding further. 5. Needless to state, no precipitative action pursuant to the notice at Annexure-S now ordered to be treated as show cause notice, to be taken till conclusion of the proceedings. All contentions of both sides are kept open. Accordingly, the petition is disposed of. - 4 - HC-KAR NC: 2025:KHC:51225 WP No. 36685 of 2025 6. It is further clarified that in light of the submission by the petitioner as well as on behalf of the respondent- Tahsildar that there are large number of persons similarly situated. It would be appropriate that observations made in this order may be taken note of in the case of similar show cause notice and enquiry be held as regards others who are similarly placed as well. 7. It is clarified that the other similarly placed persons need not approach this Court and the observations made herein would stand extended to all those who are similarly placed. The decision as to whether other persons who are similarly placed deserve same treatment, of course it is left to the Government to be decided. 8. Notice to the Panchayat is waived in light of the order being passed directing the State to hold an enquiry. Accordingly, the petition is disposed of. SD/- (S SUNIL DUTT YADAV) JUDGE MCR