- 1 - HC-KAR NC: 2025:KHC:53180 WP No. 30462 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30462 OF 2025 (KLR-RES) BETWEEN: 1. SRI SANJEEVA SHETTY S/O LATE HERIYANNA SHETTY AGED ABOUT 79 YEARS H NO.94 POST: MADAMAKKI VILLAGE - 576 212 HEBRI TALUK UDUPI DISTRICT 2. SMT VANAJA SHEDTHI W/O SANJEEVA SHETTY AGED ABOUT 70 YEARS H NO.94 POST: MADAMAKKI VILLAGE - 576 212 HEBRI TALUK UDUPI DISTRICT … PETITIONERS (BY SRI. K CHANDRANATH ARIGA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53180 WP No. 30462 of 2025 DR B R AMBEDAKAR ROAD BENGALURU - 560 001 2. THE TAHASILDAR AND EXECUTIVE MAGISTRATE HEBRI TALUK HEBRI - 576 112 UDUPI DISTRICT … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN DCDRC R/8/24-25 (E-125833) DATED 16.09.2025 ON THE FILE OF RESPONDENT NO.2 AND QUASH THE NOTICE DATED 16.09.2025 IN DCDRCR/8/24- 25 (E-125833) ISSUED BY THE RESPONDENT NO.2 (ANNEXURE-J) AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for setting aside of the notice at Annexure-J calling upon the petitioners to vacate and evict themselves from the land in Sy.No.40/3 of Madamakki Village, Hebri Taluk, Udupi District, measuring 1.86 Acres, as the said land is a government land. - 3 - HC-KAR NC: 2025:KHC:53180 WP No. 30462 of 2025 2. The petitioners would however assert that their application for regularisation was still pending. 3. Learned AGA during the pendency of the proceedings has filed before this court, the order rejecting the application of the petitioner seeking regularisation as per the order of the Deputy Commissioner dated 19.08.2025. 4. Learned counsel for petitioners submits that the notice at Annexure-J could not be enforced till the application of the petitioners for regularisation was considered, however, the order of rejection of their application has not been communicated till date except for the copy of the order of the Deputy Commissioner dated 19.08.2025 that is furnished in the court. 5. It would be appropriate in the peculiar facts of the case to dispose of the case of the petitioners as follows:- - 4 - HC-KAR NC: 2025:KHC:53180 WP No. 30462 of 2025 a) Insofar as the eviction notice at Annexure-J, same to be kept in abeyance for a period of four weeks. b) Within such time, liberty is reserved to the petitioners to challenge the order of the Deputy Commissioner dated 19.08.2025. c) The petitioners may furnish the certified copy of the said orders within a period of one week from today. d) If the petitioners challenge the said order of the Deputy Commissioner dated 19.08.2025 within the stipulated period, the Appellate Authority may not raise any objections as regards the limitation. 6. In light of the submission that the order of the Deputy Commissioner dated 19.08.2025 has not been communicated to the petitioners, if the petitioners were to challenge the said order of the Deputy Commissioner and makes a request for interim prayer, same may be - 5 - HC-KAR NC: 2025:KHC:53180 WP No. 30462 of 2025 considered expeditiously within a period of not later than 10 days from filing of such appeal. 8. Accordingly, the petition is disposed off. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE NP