- 1 - HC-KAR NC: 2025:KHC:37532 WP No. 28358 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28358 OF 2025 (KLR-RES) BETWEEN: 1. M/S. KOSH LAND HOLDINGS LLP INCORPORATED UNDER THE PROVISIONS OF LIMITED LIABILITY PARTNERSHIP ACT, 2008, HAVING ITS REGISTERED OFFICE AT NO.110/8, KRISHNAPPA LAYOUT, LALBAG ROAD CROSS, BENGALURU- 560 027. REPRESENTED BY ITS DESIGNATED PARTNER SRI. SATHYANARAYANAA NELLORE SAMPAT S/O SAMPATH, AGED ABOUT 35 YEARS, BOTH PETITIONERS REP. BY ITS GENERAL POWER OF ATTORNEY HOLDER SRI. RAMESH THOKATHIMMANADODDI NAGARAJU, S/O SRI. NAGARAJU T, AGED ABOUT 42 YEARS, R/O THOKATHIMMANADODDI, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562112. 2. SRI. P. PRASHANTH, S/O SRI. P.M. PRAKASH, AGED ABOUT 60 YEARS, R/A NO.110/8, KRISHNAPPA LAYOUT, LALBAG ROAD CROSS, BENGALURU- 560 027. BOTH PETITIONERS REP. BY ITS GENERAL POWER OF ATTORNEY HOLDER SRI. RAMESH THOKATHIMMANADODDI NAGARAJU, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37532 WP No. 28358 of 2025 S/O SRI. NAGARAJU T, AGED ABOUT 42 YEARS, R/O THOKATHIMMANADODDI, HAROHALLI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT-562112. …PETITIONERS (BY SRI. KRISHNA MURTHY V, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIDANA SOUDHA, VIDHANA VEEDHI, BANGALORE- 560 001. 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, 1ST FLOOR, DISTRICT OFFICES COMPLEX, SIDLAGHATTA ROAD, CHICKBALLAPUR HO-562101. 3. THE TASILDHAR, CHIKKABALLAPURA TALUK, MINI VIDHANA SOUDHA, CHIKKABALLAPURA - 562 101. …RESPONDENTS (BY SRI. V. SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED NOTICE DATED 09.09.2025, ISSUED BY THE THASILDHAR, CHIKKABALLAPUR TALUK, THE 3RD RESPONDENT HEREIN, BEARING NO. N.C.R.CR/31/22-23 (ANNEXURE-A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37532 WP No. 28358 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. The grievance of the petitioners is directed against Annexure-A, a purported notice dated 09.09.2025 issued by the Tahsildar, Chikkaballapur Taluk, however, with a direction to the petitioners to evict themselves from the lands in question within a period of seven days from the date of notice, or else the petitioners are threatened with criminal action in terms of Section 104 of the Karnataka Land Revenue Act, 1964. 3. Learned counsel submits that in the preamble portion of the impugned notice, it is stated that the Karnataka Lokayukta has directed the Deputy Commissioner to take note of the complaint given by one Tyagaraju, who alleges that the petitioners are in unauthorised occupation of government properties in old - 4 - HC-KAR NC: 2025:KHC:37532 WP No. 28358 of 2025 Sy.No.81 of (new Sy.Nos.162 and 160) Sulthanpet Village, Nandi Hobli, Chikkaballapura Taluk and District. It is stated in the notice that a joint survey was conducted by the revenue authorities and the forest officials and if it is found that the petitioners are in unauthorized occupation of 33 guntas in old Sy.No.81, new Sy.No.162 and 23.04 guntas in old Sy.No.81 new Sy.No.160. 4. Learned counsel submits that it is obvious from the impugned notice that no prior notice was given to the petitioners and no joint survey was not conducted in the presence of the petitioners. Moreover, if the Tahsildar had issued notice to petitioners, the petitioners would have brought it to the notice of the Tahsildar, the orders passed by the Deputy Commissioner at Annexure-G dated 07.02.2015, where the vendor of the petitioners had sought for conversion of the lands in question, and during the conversion, at the request of the applicant, 1 acre 21 guntas of land in Survey No.162, which is 'A' Kharab, is also converted while collecting conversion fine of - 5 - HC-KAR NC: 2025:KHC:37532 WP No. 28358 of 2025 ₹18,30,000/- after securing no objection at the hands of the neighbouring landowners. 5. Having regard to the material placed on record, it is clear that respondent No.3-Tasildhar Chikkaballapura Taluk, Could not have issued the impugned notice, which is nothing but an order directing the petitioners to evict themselves from the land in question within a period of 7 days. It is obvious that no notice was given to the petitioners before issuance of the impugned notice/order dated 09.09.2025. 6. Accordingly, the writ petition is allowed while setting aside the impugned notice at Annexure-A dated 09.09.2025. However, liberty is reserved to the Tahsildar to issue notice to the petitioners if the Tahsildar is of the opinion that the petitioners are in unauthorised occupation of government property. The Tahsildar shall firstly take note of the material placed before this Court, even before issuing such notice to the petitioner. The Tahsildar shall - 6 - HC-KAR NC: 2025:KHC:37532 WP No. 28358 of 2025 verify the records to find out whether such orders have been passed by the Deputy Commissioner permitting conversion of 1 acre 21 guntas of land, which were shown as A-kharab lands within new Survey No. 162. If any action has to be taken, it shall be taken only in accordance with law after issuing notice to the petitioner and giving sufficient opportunity of hearing to the petitioner. Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance of within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 16 CT: BHK