- 1 - HC-KAR NC: 2025:KHC:31685 WP No. 24645 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 24645 OF 2025 (KLR-RES) BETWEEN: KEMPEGOWDA, S/O KALA SHANAIAH, AGED ABOUT 73 YEARS, AGRICULTURIST, RESIDENT OF GARAGADAKUPPE, HEBBURU HOBLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 120. …PETITIONER (BY SRI. A.V. GANGADHARAPPA., ADVOCATE) AND: 1. TAHSILDAR, TUMKUR TALUK, TUMKUR – 572 101. 2. B. SURESHGOWDA, S/O BYREGOWDA, MEMBER OF THE LEGISLTIVE ASSEMBLY, RESIDENT OF BYRANIAKANAHALLI, TUMAKUR TALUK AND DISTRICT – 572 101. …RESPONDENTS (BY SRI.MOHAMMAD JAFFAR SHAH, AGA FOR R1) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) A WRIT IN THE NATURE OF CERTIORARI QUASHING THE NOTICE BEARING NO.ADMONCR/46/2025 DATED 1/8/2025 ISSUED BY THE 1ST RESPONDENT ORIGINAL COPY OF WHICH IS PRODUCED AS ANNEXURE-A BY DECLARING THE SAME AS ILLEGAL AND WITHOUT THE AUTHORITY OF LAW AND ETC., Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31685 WP No. 24645 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned AGA appears for respondent No.1. 2. Notice to Respondent No.2 is not necessary for the following reasons: Learned counsel for the petitioner submits that a plain reading of Annexure-A passed by the first respondent - Tahsildar, Tumakuru Taluk, clearly shows that without issuing prior notice to the petitioner, the impugned order has been passed holding that the petitioner has put up unauthorized construction on a B-Kharab land which belongs to the Government. The petitioner is therefore called upon to evict himself and enable demolition of the building constructed by the petitioner. Learned counsel therefore submits that the impugned notice is required to be quashed and set aside. 3. Learned AGA submits that the impugned order at Annexure-A may be directed to be treated as a show - 3 - HC-KAR NC: 2025:KHC:31685 WP No. 24645 of 2025 cause notice to the petitioner and the petitioner may be directed to file a reply to the show cause notice and thereafter directions may be issued to the Tahsildar to afford an opportunity of hearing to the Petitioner and proceed in accordance with law. 4. Accordingly, the Writ Petition is allowed. The impugned order at Annexure-A is quashed and set aside. However, Annexure-A shall be treated as a show cause notice and the Petitioner shall file a reply before the Tahsildar within a period of 15 days from today. Thereafter, the Tahsildar shall hear the Petitioner and thereafter proceed in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE BSV List No.: 1 Sl No.: 47