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2025 DAILYLAW 82540 (KAR)

ASHOK BHANDARI v. THE TAHASHILDAR

WP/27482/2025 · 2025-09-10

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35732 WP No. 27482 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.27482 OF 2025 (KLR-RES) BETWEEN: ASHOK BHANDARI S/O JAYARAMA BHANDARI AGED ABOUT 68 YEARS R/AT #1-90, PATEL HOUSE, BANTWAL TALUK, CHELUR POST D.K-574153 …PETITIONER (BY SRI. SACHIN B.S., ADVOCATE) AND: THE TAHASHILDAR ULLAL TALUK, NATEKAL ASAIGOLI POST D.K.- 574199. …RESPONDENT (BY SRI. SESHU.V., HCGP) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT BY QUASHING THE IMPUGNED ORDER DATED.20.08.2025 PASSED BY THE RESPONDENT AS PER ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35732 WP No. 27482 of 2025 ORAL ORDER Learned High Court Government Pleader takes notice for the respondent-Tahsildar. 2. The grievance of the petitioner is directed against the impugned Notice at Annexure-A issued by the Tahsildhar, stating that the petitioner is an unauthorised occupant of 95 cents of land in Sy.No.90/2 of Chelooru Village, Ullal Taluk, Dhakshina Kannada District and therefore, the petitioner is called upon to vacate the land in question, within a period of seven days, failing which, under Section 192A of the Karnataka Land Revenue Act, 1964 (for short 'KLR Act, 1964') criminal proceedings will be initiated against the petitioner. 3. Learned counsel for the petitioner submits that it is evident from the impugned Notice at Annexure-A that the Tahsildhar has prejudged the issue stating that the petitioner is an unauthorised occupant of the land in question and no opportunity of hearing is given to the petitioner. 4. Learned HCGP however points out to the reply given by the petitioner at Annexure-C, while pointing out that - 3 - HC-KAR NC: 2025:KHC:35732 WP No. 27482 of 2025 the petitioner admits that he is not the owner of 95 cents of land in Sy.No.90/2. On the other hand, the petitioner is the owner of 65 cents of land in Sy.No.90/4 which is the neighbouring property and the lands abutting the lands in question. 5. Learned HCGP therefore submits that the petitioner cannot contend that he has lawfully occupied the land in question. Learned HCGP would therefore submits that the petitioner may be directed to participate in the proceedings, while treating Annexure-A as a show-cause notice to the petitioner. 6. Accordingly, the writ petition stands disposed of while directing the petitioner and respondent-Tahsildhar to treat Annexure-A as a show-cause notice given by the Tahsildhar to the petitioner. Fifteen days time is given to the petitioner to give a reply along with all the relevant documents to claim ownership over the property in question. The respondent-Tahsildhar shall thereafter consider the reply that would be given by the petitioner and take action or pass orders - 4 - HC-KAR NC: 2025:KHC:35732 WP No. 27482 of 2025 in accordance with law after affording an opportunity of hearing to the petitioner and conducting a joint survey if necessary. Needless to observe that till the order is passed by the respondent-Tahsildhar, no precipitative action shall be taken against the petitioner. Ordered accordingly. All contentions are left open. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE SMJ List No.: 1 Sl No.: 16