- 1 - HC-KAR NC: 2025:KHC:34965 WP No. 26947 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26947 OF 2025 (KLR-RES) BETWEEN: ST.ANNE'S HIGH SCHOOL SITUATED AT TEACHERS COLONY, MULUBAGALU, KOLAR DISTRICT - 563 131 REPRESENTED BY ITS HEAD MISTRESS, REV SR ARULSHEELI, (PETITIONER SCHOOL IS REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT) …PETITIONER (BY SRI. SAGAR B.B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR - 563 131 3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34965 WP No. 26947 of 2025 OFFICE OF THE ASSISTANT COMMISSIONER, KOLAR - 563 131 4. THE THASILDAR OFFICE OF THE THASILDAR, MULABAGALU TALUK KOLAR - 563 131 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.09.2025 BEARING NO NCR/CR/62/2023-24 PASSED BY THE 4TH RESPONDENT VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY, GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO IMPUGNED ORDER DATED 01.09.2025 BEARING NO NCR/CR/62/2023-24 PASSED BY THE 4TH RESPONDENT VIDE ANNEXURE-H AND ETC. 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 respondents. 2. Learned counsel for the petitioner submits that the petitioner/Institution purchased 2 acres 32 guntas of - 3 - HC-KAR NC: 2025:KHC:34965 WP No. 26947 of 2025 land in Survey No.179/2 situated at Sonavadi Village, Mulubagalu Taluk, Kolar District in the year 2003. Thereafter, the petitioner obtained necessary permission and approval at the hands of the Gram Panchayat and thereafter put up a school building on the property in question and has been running the school from the year 2006 onwards. During September 2024, a notice was issued by respondent No. 4-Tahsildar, Kolar Taluk, Mulubagalu Taluk, contending that the school building has been constructed by encroaching on 12 guntas of B- Kharab land where a Rajakaluve is running. A reply was given by the petitioner at Annexure-G on 06.11.2024 clearly stating that they have not encroached upon any Rajakaluve. Nevertheless, it was also stated in the reply that if the authorities clear the encroachment of the Kharab kaluve from beginning to end, the institution is prepared to leave space towards the eastern side of the existing building for passage of the kaluve. - 4 - HC-KAR NC: 2025:KHC:34965 WP No. 26947 of 2025 3. Learned counsel submits that despite such a reply being given, the Tahsildar, without conducting a survey in the presence of the petitioner, has proceeded to pass the impugned memorandum dated 01.09.2025 declaring that the petitioner/Institution has encroached upon the Rajakaluve and has directed the petitioner to be present at the spot on 08.09.2025 for removal of the encroachment. 4. Learned AGA submits that if the petitioner/Institution has given a reply stating that it is prepared to leave the space for the Rajakaluve, then the impugned memorandum may be treated as a show cause notice to the petitioner and the petitioner may be permitted to file a reply along with necessary documents. Thereafter, let the Tahsildar conduct a survey in the presence of the petitioner and pass necessary orders, including the diversion of the Kaluve, if necessary. 5. Accordingly, the writ petition stands disposed of, while directing respondent No.4-Tahsildar, Mulubagalu - 5 - HC-KAR NC: 2025:KHC:34965 WP No. 26947 of 2025 Taluk and the petitioner/Institution to treat the impugned memorandum at Annexure-H as a show cause notice to the petitioner. Fifteen days' time is given to the petitioner to give a reply to the show cause notice along with relevant documents. The Tahsildar shall consider the same and cause a survey in the presence of the petitioner along with the records to verify as to whether the Rajakaluve is running with the land in question. 6. If it is found that the Rajakaluve is passing through the building, necessary orders may be passed by the competent authority for diversion of the Rajakaluve to ensure free passage of the storm water. The entire exercise shall be completed as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this order. 7. Needless to observe that till the disposal of the matter in terms of the directions issued by this Court, no - 6 - HC-KAR NC: 2025:KHC:34965 WP No. 26947 of 2025 precipitative action shall be taken by respondent No.4 against the petitioner's/Institution. 8. Learned Additional Government Advocate is directed to inform respondent No.4 about the orders passed. 9. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks. Sd/- (R DEVDAS) JUDGE GJM CT-SG