- 1 - HC-KAR NC: 2025:KHC:33447 WP No. 26045 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26045 OF 2025 (KLR-RES) BETWEEN: SMT. K. A. SUDHA, W/O N. SHIVA REDDY, AGED ABOUT 39 YEARS, RESIDING AT DHANAMITTENAHALLI VILLAGE, AMBAJIDURGA HOBLI, CHINTAMANI TALUK – 563 125 CHIKBALLAPUR DISTRICT …PETITIONER (BY SRI. VENKATESH P. DALWAI FOR SMT. URMILA PULLAT, ADVOCATES) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE DEPARTMENT VIKASA SOUDHA, BENGALURU – 560 001 2. DEPUTY COMMISSIONER AND DISTRICT MAGISRATE DC OFFICE DISTRICT OFFICE COMPLEX, SIDLAGHATTA ROAD, CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA – 562 101 3. ASSISTANT COMMISSIONER CHIKKABALLAPURA JILLA CHIKKABALLAPURA – 562 101 4. THE TAHSILDAR CHINTAMNAI TALUK Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33447 WP No. 26045 of 2025 CHIKKABALLAPURA – 563 125 5. THE EXECUTIVE OFFICER, TALUK PANCHAYATH, CHINTAMNAI TALUK CHIKKABALLAPURA – 563 125 6. THE REVENUE INSPECTOR AMBAJIDURGA HOBLI CHINTAMNAI TALUK CHIKKABALLAPURA – 563 125 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE IMPUGNED REPORT DATED 09.05.2025 OF THE RESPONDENT NO.5 (ANNEXURE-A), WITH RESPECT TO THE SCHEDULE PROPERTY 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 All office objections are overruled except office objections raised regarding Court fee. 2. Learned Additional Government Advocate takes notice for all the respondents. 3. The petitioner is aggrieved of the impugned notice at Annexure ‘C’ and the consequential order dated - 3 - HC-KAR NC: 2025:KHC:33447 WP No. 26045 of 2025 11.08.2025 passed by the Deputy Commissioner, Chikkaballapura District, at Annexure ‘B’. 4. Learned Counsel for the petitioner contends that the petitioner is in occupation of a building put up on 2 guntas of land having succeeded before a competent Civil Court in O.S.No.324/2024 on the file of I/C Addl. Civil Judge and JMFC, Chintamani. 5. Attention of this Court is drawn to Annexure ‘F’ which is the building licence issued by the Konapalli Gram Panchayat. Learned Counsel submits that such being the position, a notice was issued at Annexure ‘C’ calling upon the petitioner to produce documents of title within a period of seven days, failing which action will be taken to evict the petitioner. However, even before the documents are submitted, the Deputy Commissioner passed the impugned order at Annexure ‘B’ without giving an opportunity of hearing to the petitioner. 6. Having regard to the facts narrated hereinabove, this Court is of the considered opinion that the Deputy - 4 - HC-KAR NC: 2025:KHC:33447 WP No. 26045 of 2025 Commissioner or any competent authority could not have passed the impugned order without affording an opportunity of hearing to the petitioner. 7. Accordingly, the writ petition is allowed in part while setting aside the impugned order dated 11.08.2025 at Annexure ‘B’ passed by the Deputy Commissioner. However, two weeks time is granted to the petitioner to give a reply to the notice at Annexure ‘C’ along with all the relevant documents of title. 8. The Deputy Commissioner or the competent authority is hereby directed to look into the reply that would be given by the petitioner, consider the documents filed by the petitioner, afford an opportunity of hearing and thereafter proceed in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT:UR