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2026 DAILYLAW 19026 (KAR)

SRI VENKATESH D R v. THE STATE OF KARNATAKA

WP/14463/2026 · 2026-06-02

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25800 WP No. 14463 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. 14463 OF 2026 (KLR-RES) BETWEEN: SRI VENKATESH D R S/O RAMANNA AGE 53 YEARS R/AT DASEGOWDA PALYA, VTC MARIKUPPE, MAGADI TALUK RAMANAGARA DISTRICT - 562 127 …PETITIONER (BY SRI. MURALI N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY, 2. THE TAHSILDAR, MAGADI TALUK OFFICE RAMANAGARA - 562 159 3. THE DEPUTY TAHSILDAR, MAGADI TALUK OFFICE RAMANAGARA DISTRICT - 562 159 4. THE REVENUE INSPECTOR, SOLUR HOBLI, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25800 WP No. 14463 of 2026 MAGADI TALUK, RAMANAGARA - 562 120 5. THE TALUK SURVEYOR SOLUR HOBLI, MAGADI TALUK RAMANAGARA - 562 120 …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS WRIT PETITION B) QUASH THE IMPUGNED ORDER DATED 02/04/2026 ISSUED BY THE RESPONDENT NO.2 TAHSILDAR BEARING NO.TAHMGD-LND013/08/2026 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned AGA accepts notice for respondents 2. In this petition, the petitioner is assailing the order dated 02.04.2026 (Annexure-A) issued by respondent No.2, inter-alia sought for a writ of mandamus restraining the - 3 - HC-KAR NC: 2026:KHC:25800 WP No. 14463 of 2026 respondents from interfering with the possession of the petitioner's land without following due process of law. 3. Learned counsel Sri. Murali. N, appearing for the petitioner has invited attention of the Court to Section 39 of the Karnataka Land Revenue Act, 1964 and submitted that, it is the duty of the respondents / authorities to mandatorily issue a notice to the petitioner before passing the order at Annexure-A to the petition and therefore, sought for interference of this Court. 4. Per contra, learned AGA Smt. B.P Radha, sought to justify the impugned order. 5. In the light of the submission made by both the counsels appearing for the parties and careful consideration of the averments made in the petition and also the language employed in Section 39 of the Act, I am of the view that, it is the duty of respondent No.2 to issue prior notice to the petitioner for eviction before taking any decision in the matter. It is also to be noted that the petitioner be permitted to file his reply to the order at Annexure-A, taking into consideration as a show cause notice and if such a reply is made by the petitioner - 4 - HC-KAR NC: 2026:KHC:25800 WP No. 14463 of 2026 herein within 3 weeks from the receipt of the order and same shall be considered by respondent No.2. Till the consideration of the said reply that may be made by the petitioner, the respondents shall not take any coercive steps against the petitioner. 6. With this observation the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE PNV List No.: 1 Sl No.: 33