- 1 - HC-KAR NC: 2026:KHC:27884 WP No. 25116 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE M.G.S. KAMAL WRIT PETITION NO. 25116 OF 2022 (GM-RES) BETWEEN: 1. SRI. LIAQUKATH ALI KHAN S/O SADATH ALI KHAN AGED ABOUT 45 YEARS, R/AT "SANA", NO. 2/3, HAYES ROAD, BANGALORE - 560 025. 2. ANJANA H THOMAS W/O TILAK K THOMAS, AGED ABOUT 42 YEARS, R/AT NO. 32/4, KASTURBA ROAD CROSS, BANGALORE - 560 001. …PETITIONERS (BY SRI. KIRAN J.,ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF HOME, REP BY ITS SECRETARY, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. DIRECTORATE OF CIVIL RIGHTS ENFORCEMENT KOLAR UNIT, KOLAR - 563 101 REP BY DEPUTY SUPERINTENDENT OF POLICE. 3. MUNIYAPPA S/O LATE MUNIYAPPA AGED ABOUT 72 YEARS, R/AT KODAGURKI VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT BANGALORE - 562 164. …RESPONDENTS Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27884 WP No. 25116 of 2022 (BY SRI. MANJUNATHA RAYAPPA., AGA FO R1 & R2; R3- MUNIYAPPA SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTICE DATED 27.07.2022 BEARING NO APPLICATION/SA/112/NAHAJANE/KO/2022 ISSUED BY THE R2 ANNEXURE - A. AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL ORAL ORDER This petition is filed being aggrieved by issuance of notice dated 27.07.2022 as per Annexure-A by respondent No.2 calling upon the petitioners to appear for an enquiry. 2. Case of the petitioners are that they are the owners of land bearing Sy.Nos.127, 129, 130/2, 138/1, 143/1, 144/2, 143/2C and 144/1 of Kudavathi Village, Nandi Hobli, Chikkaballapura District having acquired the same in terms of registered deeds of sale for valuable sale consideration. Thus the petitioners have been in possession and enjoyment of the aforesaid lands. 3. That respondent No.3, who is the owner of land bearing Sy.No.128 situated adjacent to the lands of the petitioners claiming to have purchased the same in terms of deed of sale dated 04.12.1992 is attempting to make a false claim over the - 3 - HC-KAR NC: 2026:KHC:27884 WP No. 25116 of 2022 lands belonging to the petitioners, claiming his right of way causing interference in the peaceful possession and enjoyment of the lands belonging to the petitioners. 4. That the respondent No.3 has filed a suit in O.S.No.39/2022 before the II Additional Civil Judge and JMFC, Chikkaballapura against the petitioners herein seeking relief of permanent injunction. Emergent notice in the said suit came to be issued to the petitioners herein who have filed the written statement denying the case of the respondent No.3. That the petitioners have also denied the claim of the respondent No.3 with regard to his alleged right of way over the lands belonged to the petitioners. 5. That on hearing the parties, the trial Court has rejected the application filed by respondent No.3 for the interim relief. Thereafter, respondent No.3 filed a complaint dated 11.07.2022 before the Deputy Commissioner seeking relief identical to the one sought in the said suit in O.S.No.39/2022 on the same grounds, averments and allegations has made in the plaint. Consequent whereof impugned notice has been issued by the respondent No.2 calling upon the petitioners to appear for the enquiry. - 4 - HC-KAR NC: 2026:KHC:27884 WP No. 25116 of 2022 6. Learned counsel for the petitioners submits that when the matter is seized before a competent court of jurisdiction at the instance of respondent No.3 himself and the rights of parties being adjudicated in the manner known to law, respondent No.2 has no authority or jurisdiction to sit over the matter and call upon the petitioners to furnish the documents and response to the complaint filed by respondent No.3, causing prejudice to the case of the petitioners. 7. Learned AGA fairly submits that since the suit is pending before the competent Court of law, it is not appropriate for a parallel proceeding to be conducted on the similar averments and allegations made by respondent No.3, before the respondent No.2. 8. Heard and perused the records. 9. Though the notice is issued to respondent No.3, there is no representation. 10. Clear from the averments between the plaint and the documents enclosed therewith, that respondent No.3 himself has approached the competent court of Civil Jurisdiction alleging - 5 - HC-KAR NC: 2026:KHC:27884 WP No. 25116 of 2022 violation of his purported right of way over the lands being claimed by the petitioners. 11. The application filed by the respondent No.3 seeking interim relief before the trial Court has apparently been rejected. However, the main matter is still pending consideration for adjudication. 12. Things being thus, the respondent No.2, on the very allegations made in the plaint cannot conduct a parallel enquiry in purported exercise of its power under the statute which is impermissible. 13. Accordingly, following: ORDER (i) Petition is allowed. (ii) Impugned notice dated 27.07.2022 as per Annexure-A issued by the respondent No.2 is hereby quashed. SD/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 13