- 1 - HC-KAR NC: 2025:KHC:45787 WP No. 17384 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.17384 OF 2025 (LA-RES) BETWEEN: INDRESH S/O LATE CHIKKEGOWDA, AGED 65 YEARS, R/AT CHAPPARADAHALLI VILLAGE & POST, HARANAHALLI HOBLI, PERIYAPATTANA TALUK, MYSURU DISTRICT-570057. …PETITIONER (BY SRI KARUMBAIAH T.A., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BANGALORE-560001 BY ITS PRINCIPAL SECRETARY. 2. THE SPECIAL LAND ACQUISITION OFFICER HARANGI PROJECT HUNSUR, MYSURU DISTRICT-572101. 3. KAVERY NEERAVARI NIGAMA NIYAMITHA OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NO.04, HARANGI REHABILITATION SUB-DIVISION, KUSHALNAGAR, KODAGU DISTRICT-571234. …RESPONDENTS (BY SRI HARISHA A.S., AGA FOR R-1 & R-2; SRI K.S. BHEEMAIAH, ADVOCATE FOR R-3) Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:45787 WP No. 17384 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-F THE EVICTION NOTICE DATED 09.06.2025 ISSUED BY THE 3RD RESPONDENT BEARING NO.04 SAKAEM/HAPUUV/SA.E- 2/THILUVALIKE PATHRA/83 AND ALL THE FURTHER PROCEEDINGS; DIRECT THE RESPONDENTS NOT TO TAKE ANY COERCIVE STEPS AGAINST THE SCHEDULE PROPERTY WHICH IS NOT ACQUIRED BY THE RESPONDENTS. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The petitioner has approached this Court seeking to quash Annexure-F, the eviction notice dated 09.06.2025 issued by respondent No.3 and for a writ of mandamus restraining the respondents from taking any coercive action in respect of the schedule property, which according to the petitioner has not been acquired by the respondents. 2. Heard learned counsel for the petitioner and learned counsel for the respondents. - 3 - HC-KAR NC: 2025:KHC:45787 WP No. 17384 of 2025 Brief facts: 3. The petitioner claims ownership of land measuring 27 1/4 guntas in Sy.No.86/4 and 10 guntas in Sy.No.86/13 situated at Chapparadahalli Village, Haranahalli Hobli, Periyapatna Taluk, Mysuru. The respondents initiated acquisition for the Harangi Channel Project, issuing a preliminary notification under Section 4(1) of the Land Acquisition Act, 1894 (‘Act’ for short) dated 26.10.2009, published on 05.11.2019, followed by the final notification under Section 6(1) of the Act dated 10.03.2010. 4. According to the petitioner, the land in Sy.No.86/13 was not included in the declaration and he continues to be in possession and enjoyment of 8 guntas in Sy.No.86/13, where his dwelling house exists. He received the impugned notice dated 09.06.2025 directing him to vacate the premises within three days. - 4 - HC-KAR NC: 2025:KHC:45787 WP No. 17384 of 2025 5. Learned counsel for the petitioner submits that the impugned notice is without giving the petitioner an opportunity of hearing and without issuing any show cause notice. 6. Per contra, learned counsel for respondent No.3 submits that the petitioner has already approached the Civil Court in O.S.No.19/2025 seeking permanent injunction against the respondents, which is pending consideration, and that the entire land in Sy.No.86/13 stands acquired and compensation has been paid. 7. I.A.No.1/2025 has been filed seeking impleadment as respondent No.4, contending that the applicant is residing with his family members in Sy.No.87/5 of Chapparadahalli Village abutting the land and Sy.No.86/13, which, according to him, has been illegally occupied by the petitioner. It is asserted that the applicant is a necessary party. - 5 - HC-KAR NC: 2025:KHC:45787 WP No. 17384 of 2025 8. It is further submitted that the pendency of O.S.No.19/2025 and rejection of the petitioner’s application under Order XXXIX Rule 1 and 2 of Code of Civil Procedure have not been disclosed by the petitioner in this writ petition. 9. This Court has considered the rival contentions urged by the learned counsel for the parties and perused the material on record. 10. The petitioner asserts that he has constructed a residential house in 8 guntas of Sy.No.86/13 out of 10 guntas, which according to him is not acquired. Respondent No.3 contends that the entire land in Sy.No.86/13 stands acquired and compensation has been deposited. It is not in dispute that the civil suit in O.S.No.19/2025 seeking permanent injunction is pending adjudication. 11. The impugned notice is an eviction notice without affording the petitioner an opportunity of hearing. - 6 - HC-KAR NC: 2025:KHC:45787 WP No. 17384 of 2025 If the petitioner is in the unauthorized occupation, it is open to the respondent-authority to proceed in accordance with law, but not in the manner adopted in Annexure-F. Accordingly, the impugned notice at Annexure-F is unsustainable, this Court pass the following: ORDER i. The writ petition is allowed. ii. Impugned order at Annexure-F dated 09.06.2025 issued by respondent No.3 is hereby quashed. iii. Respondent No.3 is at liberty to initiate appropriate action in accordance with law, following due process. iv. It is made clear that whether the entire extent of Sy.No.86/13, including the house property has been acquired is a matter to be adjudicated before the appropriate competent Court and not in the writ proceedings. v. All contentions of both parties are kept open to be adjudicated. - 7 - HC-KAR NC: 2025:KHC:45787 WP No. 17384 of 2025 vi. The impleading application is hereby dismissed as the impleading applicant has not made out any ground for impleadment in this writ petition. Sd/- ______________________ JUSTICE K.S. HEMALEKHA AT List No.: 1 Sl No.: 8