- 1 - HC-KAR NC: 2025:KHC:54672 WP No. 38359 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 38359 OF 2025 (GM-RES) BETWEEN: SRI. S. NINGAIAH W/O LATE. SHAMBAIAH, AGED ABOUT 72 YEARS, R/AT SHAMBHUNIDHI FARM HOUSE, SIDDANAHUNDI VILLAGE, VYASARAJAPURA POST, SOSALE HOBLI, T.NARASIPURA TALUK, MYSORE DISTRICT - 571 120. …PETITIONER (BY SRI. ANANDA H.J, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR. AMBEDKAR ROAD, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE - 570 001. 3. THASILDAR T.NARASIPURA TALUK, MYSORE DISTRICT - 571 120. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54672 WP No. 38359 of 2025 4. ASSISTANT EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAMA(N) NO.4, K.R.S.SUB-DIVISION, MADEGOWDANA HUNDI GATE - 571 101, T.NARASIPURA TALUK, MYSORE DISTRICT. …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SHOW CAUSE NOTICE BEARING NO. NO.SA.KA.ENG/NO.4 KR.RA.SAGARA.U.VI/SA.ENG-3/NALE OTTUVARI/2025-26/316-320 DATED 10/10/2025 ISSUED BY THE RESPONDENT NO.4 VIDE AT ANNEXURE-A ONLY IN SO FAR AS THE PETITIONER IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondents No.1 to 4. 2. Petitioner is before this Court seeking for the following reliefs: "(i) Issue a writ in the nature of certiorari to quash the impugned show cause notice bearing No.No.Sa.Ka.Eng/No.4 Kr.Ra. Sagara.U.Vi/Sa.Eng-3/Nale Ottuvari/ 2025-26/316-320 dated 10/10/2025 issued by the respondent No.4 vide at Annexure-A only in so far as the - 3 - HC-KAR NC: 2025:KHC:54672 WP No. 38359 of 2025 petitioner is concerned in the interest of justice and equity. (ii) Issue a writ in the nature of certiorari to quash the impugned letter bearing No.Sa.Ka.Eng/No.4.Kr.Ra.Sagara.U.Vi/Sa .Eng-3/Nale Otuvari/2025-26/374-76 dated 18/11/2025 issued by the respondent No.4 vide at Annexure-B only in so far as the petitioner is concerned in the interest of justice and equity." 3. The grievance of the petitioner is that despite the petitioner having replied to the show cause notice dated 17.10.2025 vide Annexure-J, the respondents, without passing any order, are seeking to mobilize JCBs etc., to cut down the trees, which have been planted on the land allegedly belonging to the petitioner. 4. Learned Additional Government Advocate submits that, as per the show cause notice, there is an encroachment made by the petitioner, and it is for that reason that the necessary action is proposed to be taken. 5. I’am of the considered opinion that even if there is any encroachment, once a show cause notice has been issued and the same has been replied to, it is for the respondents to consider the said reply and pass - 4 - HC-KAR NC: 2025:KHC:54672 WP No. 38359 of 2025 necessary orders, in accordance with law, before taking action. 6. Without passing the necessary orders, no steps could be taken to cut down the trees or take any coercive steps against the petitioner. 7. In that view of the matter, I pass the following ORDER (i) Writ petition is partly-allowed. (ii) Respondents are restrained from taking any coercive steps against the petitioners without passing any order on the show cause notice dated 10.10.2025 at Annexure-A by considering the reply dated 17.10.2025 at Annexure-J. SD/- (SURAJ GOVINDARAJ) JUDGE JY List No.: 1 Sl No.: 24