- 1 - HC-KAR NC: 2026:KHC:14407-DB WA No. 2147 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 2147 OF 2025 (KLR-RES) BETWEEN: 1. SRI. S.C .RAMACHANDRA, S/O. LATE CHANNABASAVA NAIK, AGED ABOUT 70 YEARS, R/AT: SUDUR VILLAGE, AYANUR HOBLI, SHIVAMOGGA TALUK AND DISTRICT - 577 211. 2. SRI. S.C. MANJAPPA, S/O. LATE CHANNABASAVA NAIK, AGED ABOUT 68 YEARS, R/AT: SUDUR VILLAGE, AYANUR HOBLI, SHIMOGA TALUK AND DISTRICT - 577 211. …APPELLANTS (BY SRI. A. RAVISHANKAR, SENIOR COUNSEL FOR SRI. PRAJWAL N R., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, 5TH FLOOR, 3RD GATE, Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14407-DB WA No. 2147 of 2025 M.S. BUILDING, BENGALURU - 560 001. 2. THE OFFICE OF THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 201. 3. THE OFFICE OF THE ASSISTANT COMMISSIONER, SHIVAMOGGA SUB-DIVISION & DISTRICT, SHIVAMOGGA - 577 211. 4. THE OFFICE OF THE TAHASILDAR, SHIVAMOGGA TALUK, SHIVAMOGGA DISTRICT - 577 211. 5. MR. FIROZE G., S/O. GHANI AHMED, AGED ABOUT 44 YEARS, R/O. SUDURU HOBLI, AYANUR, SHIVAMOGGA DISTRICT - 577 211. …RESPONDENTS (BY SRI. M.N. SUDEV, AGA FOR R1 TO R4, SRI. H. MALATESH, ADVOCATE FOR R5) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO ADMIT THIS APPEAL, CALL FOR THE RECORDS OF WP NO.25631/2024 (KLR- RES), PERUSE THE SAME, HEAR THE PARTIES AND BE PLEASED TO SET ASIDE THE IMPUGNED ORDER DATED:19.06.2025 PASSED BY THIS HON'BLE COURT AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:14407-DB WA No. 2147 of 2025 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) This intra Court appeal is filed by the appellants who were not parties before the Writ Court. However, they have filed an application seeking leave of this Court to file writ appeal impugning judgment and order dated 19.06.2025 passed by the Writ Court in W.P.No.25631/2024. 2. The petitioners/appellants claim to be one of the affected parties in the impugned order and therefore, the application seeking leave of this Court to file writ appeal was allowed. 3. There are allegations regarding encroachment of the public road in Sy.No.45 measuring 0-10-0 to an extent pathway kharab land; Sy.No.23 measuring 0-01.08 to an extent pathway kharab land; Sy.No.24.1 measuring - 4 - HC-KAR NC: 2026:KHC:14407-DB WA No. 2147 of 2025 0-02.08 to an extent pathway kharab land and Sy.No.26 measuring 0-02.0 to an extent pathway kharab land; measuring 0-01.0 to an extent pathway kharab land; and measuring 0-30 guntas. 4. The learned Single Judge vide the impugned order has directed to take action for removal of encroachment taking possession of the pathway kharab land encroached by the persons mentioned in the report. 5. Learned counsel for the appellants submit that Section 67(2) of the Karnataka Land Revenue Act, 1964 ('the Act' for short) provides for holding formal enquiry before taking action under Sub-section (1) of Section 67 of the said Act. Without conducting a formal enquiry, the order for taking possession of the alleged encroached land could not have been passed. 6. Sri.M.N.Sudev Hegde, learned Additional Government Advocate appearing for respondent Nos.1 to 4 does not dispute this legal position that a formal enquiry is - 5 - HC-KAR NC: 2026:KHC:14407-DB WA No. 2147 of 2025 to be held before taking action under Section 67(1) of the Act. 7. We therefore direct the Deputy Commissioner concerned, to first hold a formal enquiry under Section 67(2) of the Act, by issuing notice to all concerned and after conducting enquiry, further action under Section 67(1) of the Act to be taken on the basis of enquiry report. 8. With the aforesaid observation, we dispose of this writ appeal. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 35