- 1 - HC-KAR NC: 2025:KHC:33518 WP No. 26164 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.26164 OF 2025 (LB-RES) BETWEEN: 1. MR. C K VINAY S/O LATE C S KRISHNAMURTHY AGED ABOUT 46 YEARS RESIDENT OF 3358/F 13TH MAIN ROAD INDIRANAGAR II STAGE BENGALURU - 560 008. 2. MR. D ARJUN S/O D S DIWAKAR AGED ABOUT 43 YEARS R/AT NO. 43, 5TH MAIN JAYALAKSHMIPURA MYSURU - 570 012. 3. MRS. K S SHWETA W/O PREETAM PUNIT MS AGED ABOUT 39 YEARS R/AT PETUNIA G-08 SANKALP CENTRAL PARK YADAVAGIRI MYSURU 570 020. …PETITIONERS (BY SRI. AJIT P B., ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33518 WP No. 26164 of 2025 AND: 1. ASSISTANT EXECUTIVE ENGINEER KAVERI NEERAVARI NIGAMA LTD. IRRIGATION DEPT NO.2 (G) SUB DIVISION KRISHNARAJASAGARA - 571 607 MANDYA DISTRICT-571 607. 2. THE DEPUTY COMMISSIONER OFFICE ON THE DEPUTY COMMISSIONER DISTRICT MANDYA MANDYA-570 001. 3. TAHSILDAR SRIRANGPATNA MANDYA DISTRICT - 571 438. 4. CHIEF OFFICER, CITY MUNICIPAL COUNCIL SRIRANGPATNA-571 438 MANDYA DISTRICT. …RESPONDENTS (BY SRI K.S. BHEEMAIAH, ADVOCATE FOR R.1.) SRI. BOPANNA BELLIAPPA, AGA FOR R.2 & R.3; SRI G.M. ANAND, ADVOCATE FOR R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.KRA SAM/SA.KAA.M/NO.2(JA)U.V/KRS/VOTHUVARI/2025-26 DATED 22.8.2025 (ANNEXURES A, A1 AND A2) PASSED BY THE 2ND RESPONDENT; ETC. THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:33518 WP No. 26164 of 2025 ORDER 1. Respondent No.1 has issued the impugned notices (vide Annexures-A, A-1 and A-2 to the writ petition) to the petitioners on the ground that the petitioners have encroached upon Cauvery river karab land situated in certain survey numbers in Srirangapatna Village and that they are required to vacate the same failing which, necessary action will be initiated against them. Aggrieved by the same, the present writ petition is filed. 2. The case of the petitioners is that they have not encroached upon any land as alleged, but instead they have purchased certain properties in Sy.No.175/1, 175/4 and 174/1 of Srirangapatna Village and they are in possession of the same in accordance with law and the impugned notices are issued without hearing them. - 4 - HC-KAR NC: 2025:KHC:33518 WP No. 26164 of 2025 3. Per contra, the learned counsel for the respondents upon instructions submits that people who have illegally occupied the river karab land are sought to be vacated from the same, and no action will be initiated against the lands which belongs to private persons and even if any action has to be initiated against them, it will be done so in accordance with law after giving them a due opportunity of hearing. 4. Recording the submissions of the respondents, the writ petition is disposed of with a direction to the respondents to proceed against the petitioners, only after following the due process of law and giving them an opportunity of hearing, and not otherwise. It is hereby made clear that this order will not come in the way of the respondents removing any encroachment in the river karab area. - 5 - HC-KAR NC: 2025:KHC:33518 WP No. 26164 of 2025 5. Petitioners shall appear before respondent No.1 on 22.09.2025. Till such time, no precipitative action will be taken against the petitioners in respect of their patta land holdings excluding the river karab area irrespective of the impugned notices issued against them. Sd/- (M.I.ARUN) JUDGE VMB List No.: 3 Sl No.: 1