- 1 - HC-KAR NC: 2025:KHC:33711 WP No. 24778 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24778 OF 2025 (KLR-RES) BETWEEN: 1. SMT. SWATHI G S W/O T.S.SRISHA AGED ABOUT 37 YEARS, 2. SRI.T.S.SRISHA S/O H.M.SHIVARAMU UDUPA AGED ABOUT 43 YEARS, BOTH ARE R/A 'CHAITHANYA NILAYA', KURUVALLI, THIRTHAHALLI TALUK-577432, SHIVAMOGGA DISTRICT. …PETITIONERS (BY SRI. PRADEEPA B V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, DR.AMBEDKAR VEEDI, BENGALURU-560001. REP. BY ITS PRINCIPAL SECRETARY. 2. THASILDHAR AND TALUK EXECUTIVE MAGISTRATE, THIRTHAHALLI TALUK-577432. SHIVAMOGGA DISTRICT. 3. ASSISTANT DIRECTOR OF LAND RECORDS, THIRTHAHALLI-577432, SHIVAMOGGA DISTRICT. …RESPONDENTS (BY SRI.V.SESHU., HCGP) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33711 WP No. 24778 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE QUASHING THE ORDER/ NOTICE ISSUED BY THE RESPONDENT NO.2 BEARING NO. E.V.C.C.R.160/2024-25 DATED 04-06-2025 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Office objections are overruled. 2. Learned HCGP takes notice for all the respondents. 3. The grievance of the petitioners is directed against the impugned notice at Annexure ‘A’ dated 04.06.2025. Learned HCGP raises an objection that the petitioners cannot question a notice issued by the competent authority viz., Tahsildar, who contends that the petitioners have encroached upon the Government property. However, learned Counsel for the petitioners submits that it appears that the Tahsildar has already taken a decision that the petitioners have encroached upon the - 3 - HC-KAR NC: 2025:KHC:33711 WP No. 24778 of 2025 Government property, while it is denied at the hands of the petitioners. 4. The writ petition stands disposed of directing the Tahsildar and the petitioners herein to treat Annexure ‘A’ notice as a showcause notice. Fifteen days time is granted to the petitioners to file a reply or objections to the impugned notice along with relevant documents. If such reply is given, the Tahsildar shall take into consideration the contentions raised by the petitioners, afford an opportunity of hearing and if need be, conduct survey in the presence of the petitioners to find out whether there is encroachment and thereafter proceed in accordance with law. Ordered accordingly. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE JT/- CT: JL