- 1 - HC-KAR NC: 2025:KHC:43659 WP No. 25068 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 25068 OF 2016 (KLR-RES) BETWEEN: 1. 1(a) M SHARADAMMA SINCE DEAD BY LRS NETHAJI T.S S/O T.D SUBRAMANYA AGED ABOUT 59 YEARS RESIDING AT TALAKUNTE VILLAGE JAYAMANGALA POST MALUR TALUK-560 130 KOLAR DISTRICT. (AMENDED VIDE COURT ORDER DATED 31.10.2025) …PETITIONER (BY SRI. NEERAJA KARANTH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE TAHSILDAR MALUR TALUK-560 130 KOLAR DISTRICT Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43659 WP No. 25068 of 2016 3. THE ASSISTANT EXECUTIVE ENGINEER BANGALURU ELECTRICITY SUPPLY COMPANY (BESCOM) MALUR TALUK-560 130 KOLAR DISTRICT …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1 & 2, SRI. H. V. DEVARAJU, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 16.04.2016 PASSED BY R-2 FILED AND MARKED AS ANNEX-A AND THE COMMUNICATION DATED 04.04.2016 SENT TO R-3 FROM R-2 FILED AND MARKED AS ANNEX-B TO W.P. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This Writ Petition has been filed by the petitioner seeking a writ of certiorari to quash the notice dated 16.04.2016 in LND.CR.71/2012-13 issued by respondent No.2-Tahsildar as per Annexure-'A' and also the Communication dated 04.04.2016 in LND.CR.71/2015-16 addressed to respondent No.3-Assistant Executive Engineer by respondent No.2-Tahsildar vide Annexure-'B'. - 3 - HC-KAR NC: 2025:KHC:43659 WP No. 25068 of 2016 2. The grievance of the petitioner is that she is a grantee of land in Sy.No.35 measuring 20 guntas in Talakunte village, Malur Taluk, Kolar District, by virtue of the Grant Certificate dated 23.05.1987. Subsequently, the revenue entries were mutated in her name and she has been cultivating the land ever since then. 3. Respondent No.2-Tahsildar has forwarded a report to the Assistant Executive Engineer, Malur Taluk on 04.04.2016 alleging that the petitioner had illegally encroached 24 guntas of land in Sy.No.20 of Talakunte village, Malur Taluk and dug two bore wells and installed pump set to the pond and as such, requested respondent No.3-Assistant Executive Engineer to disconnect the electricity. Accordingly, respondent No.3 disconnected the electricity supply provided to the premises of the petitioner. 4. Subsequently, on 16.04.2016, the Tahsildar issued a notice to the petitioner to vacate the alleged unauthorized occupation in Sy.No.20 stating that if the petitioner fails to vacate the premises, action would be taken under Section 192-A of the Karnataka Land Revenue Act, 1964 (for brevity - 4 - HC-KAR NC: 2025:KHC:43659 WP No. 25068 of 2016 "the Act"). Aggrieved by the said notice, the petitioner filed this Writ Petition. 5. I have heard the learned counsel Sri Neeraja Karanth for the petitioner and learned HCGP Sri Neelakantappa K. Pujar for respondent Nos.1 and 2 so also learned counsel for respondent No.3-BESCOM. 6. It is the primary contention of the learned counsel for the petitioner that the Communication dated 04.04.2016 issued by respondent No.2 to respondent No.3 was not as per law since the Tahsildar has unilaterally taken the said decision without conducting any proceedings/spot inspection or by issuing notice to the petitioner. According to learned counsel, respondent No.2-Tahsildar has issued the certificate dated 05.01.1998 stating that the petitioner has dug the bore wells in Sy.No.35, as such, the BESCOM can supply the electricity for the same. She also contended that the subsequent notice dated 16.04.2016 issued by the Tahsildar, is totally without any materials on record and by keeping the petitioner in dark without following the principles of natural justice. Accordingly, she prays to allow the Writ Petition. - 5 - HC-KAR NC: 2025:KHC:43659 WP No. 25068 of 2016 7. Per contra, learned counsel for respondent No.3- BESCOM submits that based on the request made by the Tahsildar, they disconnected the electricity supply issued to the petitioner. However, in pursuance of the interim order passed by this Court the electricity was restored. 8. Learned HCGP submits that the notice dated 16.04.2016 and Communication dated 04.04.2016 clearly depict that the land in Sy.No.20 is the Government land and the petitioner was unauthorizedly dug the bore wells in the said land and used the same for her property i.e., Sy.No.35. Hence, he prays to dismiss the Writ Petition. 9. It could be gathered from records, the petitioner is the absolute owner of 20 guntas in Sy.No.20 and she also purchased the land in Sy.No.35 from the adjacent owner and she is in possession of the same. According to her, at no point of time, she dug the bore wells in Sy.No.20 as claimed by the Tahsildar. 10. On careful perusal of Annexure-'F', as rightly contended by the learned counsel for the petitioner, the same - 6 - HC-KAR NC: 2025:KHC:43659 WP No. 25068 of 2016 depicts that the petitioner has dug the bore wells in Sy.No.35 and the Tahsildar had issued no objection to the BESCOM to supply electricity for the said bore wells. Nevertheless, it is the admitted fact that, before issuing notice at Annexures-'A' and 'B', the Tahsildar has not conducted any proceedings by issuing notice to the petitioner. In such circumstance, the notice issued at Annexures-'A' and 'B' without following the principles of natural justice cannot be sustained in law. In such circumstance, I am of the considered view that the prayer made by the petitioner deserves to be considered. Accordingly, I proceed to pass the following: ORDER i. The Writ Petition is allowed. ii. A Writ of Certiorari is issued. The notice dated 16.04.2016 in LND.CR.71/2012-13 issued by respondent No.2-Tahsildar and the Communication dated 04.04.2016 in LND.CR.71/2015-16 addressed to respondent No.3-Assistant Executive Engineer by respondent No.2-Tahsildar are quashed. - 7 - HC-KAR NC: 2025:KHC:43659 WP No. 25068 of 2016 iii. Respondent No.2-Tahsildar is at liberty to conduct enquiry to ascertain whether the bore wells were dug in Sy.No.35 or in Sy.No.20 and thereafter take necessary action in accordance with law. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 5