- 1 - HC-KAR NC: 2026:KHC:12064 WP No. 2497 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2497 OF 2026 (KLR-RES) BETWEEN: SRI. SHANKARA NARAYANA GOWDA S/O LATE APPEGOWDA AGED ABOUT 81 YEARS R/AT KALALUGHATTA VILLAGE, TYAMAGONDALU HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DIST., PRESENTLY RESIDENCE AT #349, 2ND CROSS, GOVT SCHOOL ROAD, KAMALANAGARA, BENGALURU 560079. …PETITIONER (BY SRI. YOGESH G, ADVOCATE) AND: THE TAHASILDAR NELAMANGALA TALUK, NELAMANGALA. BEGALURU RURAL DISTRICT 562123 …RESPONDENT (BY SMT. NAVYA SHEKAR, ADVOCATE) Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:12064 WP No. 2497 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-SET ASIDE THE ORDER DATED 18.12.2025 IN LNDSONCR/217/2025 PASSED BY THE RESPONDENT PRODUCED AS ANNX-A AND GRANT AN INTERIM ORDER TO STAY ORDER DATED 18.12.2025 IN LNDSONCR/217/2025 PASSED BY THE RESPONDENT ANNX-A IF THE PROCEED FURTHER THE LOSS AND HARDSHIP CAUSED TO THE PETITIONERS CANNOT BE COMPENSATED IN TERMS OR MONEY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER Learned Additional Government Advocate takes notice for respondent. 2. The petitioner is aggrieved by the impugned notice dated 18.12.2025 at Annexure-A issued by respondent/Tahasildar, Nelamangala Taluk, Nelamangala. 3. Learned counsel for the petitioner submits that the petitioner is the owner of 2 acres and 6 guntas in CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2026:KHC:12064 WP No. 2497 of 2026 Survey No.1/3 of Kalalughatta Village, Tyamagondlu Hobli, Nelumangala Taluk and his name is reflected in the RTC at Annexure-B. However, in the impugned notice it is stated that the petitioner has encroached upon 1 ¾ guntas in Survey No.1/4 and therefore, respondent/Tahasildar has directed that within seven days from the receipt of the impugned notice, the petitioner shall evict himself from the encroached portion of the lands. 4. Learned counsel submits that a unilateral decision has been taken by respondent/Tahasildar without giving prior notice and without conducting the survey in the presence of the petitioner. 5. The writ petition is disposed of with a direction to respondent/Tahasildar and the petitioner to treat the impugned notice as a show cause notice and the petitioner shall give a reply to the show cause notice within ten days from today and respondent/Tahasildar shall consider the reply and if necessary, conduct a joint - 4 - HC-KAR NC: 2026:KHC:12064 WP No. 2497 of 2026 survey to find out whether there is any encroachment on the part of the petitioner and he shall proceed only in accordance with law. 6. Needless to observe that, till such a decision is rendered by respondent/Tahasildar again, the possession of the petitioner shall not be disturbed. 7. Learned AGA is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE SSD