Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25788 WP No. 16173 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 16173 OF 2026 (KLR-RES) BETWEEN:
1.
H N GOVINDARAJU S/O. LATE. NARASIMHAPPA, AGED ABOUT 58 YEARS.
2.
N. RUDRESH S/O. R. NAGARAJ, AGED ABOUT 33 YEARS.
3. VEERABHADRAIAH S/O. LATE. G. RUDRAIAH, AGED ABOUT 66 YEARS
4. G.S.SHAILAJA W/O. LATE VEERARAJU, AGED ABOUT 40 YEARS,
ALL ARE RESIDENTS OF HALETHIMMANAHALLI VILLAGE, PURAVARA HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572125 …PETITIONERS (BY SRI. SUNIL KUMAR PATEL, ADVOCATE)
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25788 WP No. 16173 of 2026
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA, BENGALURU-560 001.
2.
THE ASST. COMMISSIONER, MADHUGIRI SUB-DIV., MADHUGIRI TUMAKURU DISTRICT - 572 132.
3.
THE TAHSILDAR, MADHUGIRI TALUK, MADHUGIRI, TUMAKURU DISTRICT - 572 132. …RESPONDENTS (BY SMT. B.P. RADHA, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE DIGITALLY SIGNED IMPUGNED MEMO/NOTICE BEARING NO.
NCR/CR.190/25-26 DATED 25.05.2026, ISSUED BY THE 3RD RESPONDENT HEREIN, VIDE ANNEXURE-A; AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2026:KHC:25788 WP No. 16173 of 2026
ORAL ORDER The learned Additional Government Advocate accepts notice for the respondents.
2. In the present writ petition, the petitioners have assailed the impugned notice/memo dated 25.05.2026, produced at Annexure-A, issued by respondent No.3, and have sought for quashing of the same and for dropping all further proceedings pursuant thereto.
3. Heard Sri. Sunil Kumar Patel, learned counsel for the petitioners and Smt. B. P. Radha, learned Additional Government Advocate appearing for the respondent-State.
4. Sri. Sunil Kumar Patel, learned counsel appearing for the petitioners, submitted that respondent No.3 has no jurisdiction to issue the impugned notice as contained in Annexure-A and that the same is contrary to the provisions of Section 67(2) of the Karnataka Land Revenue Act, 1964 (for short, “the Act”).
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HC-KAR NC: 2026:KHC:25788 WP No. 16173 of 2026
5. Per contra, Smt. B.P. Radha, learned Additional Government Advocate appearing for the respondent-State, contended that the impugned notice has been issued for the purpose of removal of encroachment upon an existing public road and, therefore, sought dismissal of the writ petition.
6. Having heard the learned counsel appearing for the parties and upon perusal of the impugned memo dated 25.05.2026, produced at Annexure-A, this Court finds that the said communication is in the nature of penal action against the petitioners. In the circumstances, without expressing any opinion on the merits of the rival contentions, it is appropriate to treat impugned notice/memo produced at Annexure-A as a show-cause notice issued to the petitioners.
7. Accordingly, the petitioners are permitted to submit their reply/objections to said notice/memo (Annexure-A) within a period of four weeks from the date of receipt of a certified copy of this order, along with all relevant documents, if any. Upon receipt of such reply/objections, respondent No.3 shall consider the same in accordance with law and pass appropriate
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HC-KAR NC: 2026:KHC:25788 WP No. 16173 of 2026
orders. The outcome of such
consideration shall be communicated to the petitioners.
8. Till such consideration and decision by respondent No.3, no precipitative or coercive action shall be taken against the petitioners, pursuant to Annexure-A. All contentions of the parties are kept open. Accordingly, the writ petition stands disposed of.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 2 Sl No.: 1