Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:28748 WP NO.17249 OF 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.17249 OF 2026 (KLR-RES) BETWEEN:
1. SMT. VENKATALAKSHMAMMA W/O VENKATAPPA, AGE ABOUT 57 YEARS. 2. SHRI. M. SHIVA KUMAR S/O VENKATESHAPPA, AGE ABOUT 49 YEARS. 3. SHRI. VENKATESH SHETTY S/O MUNIVENKATESH SHETTY, AGE ABOUT 77 YEARS. 4. SHRI. VENKATARAVANAPPA S/O LATE CHIKKA MUNIYAPPA, AGE ABOUT 75 YEARS. 5. SHRI. ANAND K.
S/O KRISHNAPPA, AGE ABOUT 47 YEARS. 6. SMT. LAKSHMI G.
W/O RAM KUMAR G., AGE ABOUT47 YEARS. 7. SHRI. V. NARAYANA SWAMY S/O VENKATAPPA, AGED ABOUT 76 YEARS. 8. SHRI. NAGARAJ S/O SADAPPA, AGED ABOUT 52 YEARS. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:28748 WP NO.17249 OF 2026
9. SMT. SHYLA W/O VENKATESH, AGED ABOUT 38 YEARS. 10. SMT. GOWRAMMA W/O NAGARAJ, AGED ABOUT 38 YEARS. 11. SMT. PADMAMMA W/O VENKATARAMAPPA, AGED ABOUT 52 YEARS. 12. SMT. PADMAMMA W/O N. PADMANABHA, AGE ABOUT 52 YEARS. 13. SHRI. V. SRINIVAS S/O VENKATAPPA, AGE ABOUT 62 YEARS. 14. SMT. LAKSHMI DEVAMMA W/O NARAYANA SWAMY, AGED ABOUT 48 YEARS. RADHAMMA SINCE DEAD, REP. BY LEGAL HEIRS. 15. SHRI. K. MANJUNATHACHARI S/O BRAMHACHARI , AGED ABOUT 44 YEARS. 16. SHRI. SUNDRACHARI S/O BRAMHACHARI, AGED ABOUT 39 YEARS. LAKSHMAMMA SINCE DEAD, REP. BY LEGAL HEIR
17. SHRI. SHIVACHARI S/O ESWARACHARI AGED ABOUT 49 YEARS. - 3 -
HC-KAR NC: 2026:KHC:28748 WP NO.17249 OF 2026
18. SMT. NAGARATHNAMMA W/O RAGHUPATHI, AGED ABOUT 57 YEARS. 19. SHRI. P.M. DEVAPPA S/O. JANGAMA MUNISWAMY, AGED ABOUT 73 YEARS. 20. SHRI. V. KRISHNAMURTHY S/O M. VENKATARAMAPPA, AGED ABOUT 46 YEARS. 21. SMT. D.V. SWARNAMBHA W/O NAGARAJAIAH SHETTY, AGED ABOUT 59 YEARS. 22. SMT. SUGUNA W/O K. CHIRU, AGED ABOUT 33 YEARS. ALL THE PETITIONERS ARE R/AT: SHIVAKESHAVA NAGARA, WARD NO.3, MUTAYALAPET MULBAGAL, KOLAR - 563 131. …PETITIONERS (BY SRI. K. CHANDRANATHA ARIGA, ADVOCATE FOR SRI. GAGAN S., ADVOCATE) AND:
1. THE STATE OF KARMATAKA REP. BY ITS SECRETARY, DEPARTMENT OF LANDF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE TAHASILDAR MALBAGALA TALUK, MULBAGAL - 563 131. …RESPONDENTS (BY SMT.
B.P. RADHA, AGA)
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HC-KAR NC: 2026:KHC:28748 WP NO.17249 OF 2026
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EVICTION NOTICE BEARING NO.NCR/CR/42/2019- 20 DATED 18TH MAY, 2026 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE H3; QUASH THE EVICTION NOTICE BEARING NO.NCR/CR/42/2019-20 DATED 08TH APRIL, 2026 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE H2; 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 Smt. B.P. Radha, learned Additional Government Advocate accepts notice for respondents.
2. In this petition, petitioners are challenging the Eviction Notices bearing No.NCR/CR/42/2019-20 dated 18th May, 2026 (Annexure-H3) and 08th April, 2026 (Annexure-H2) issued by the respondent No.2.
3. Heard Sri. Chandranath Ariga, learned counsel on behalf of Sri. Gagan S., appearing for petitioners and Smt. B.P. Radha, learned Additional Government Advocate appearing for respondents.
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HC-KAR NC: 2026:KHC:28748 WP NO.17249 OF 2026
4. Sri. Chandranath Ariga, learned counsel appearing for petitioners invited the attention of the Court to the order dated 27th October, 2025 (Annexure-G1) passed by this Court in Writ Petition No.30537 of 2025 and contended that the respondent-Authorities have sit over the aforesaid order passed by this Court and interpreting the order as to their convenience and accordingly, impugned notices have been issued to the petitioners for eviction from the subject property. Therefore,
learned counsel appearing for petitioners sought for interference of this Court.
5. Per contra, Learned Additional Government Advocate appearing for the respondents on instructions by the respondent No.2 submits that the respondents will take action in the matter in terms of the order passed by this Court in Writ Petition No.30537 of 2025 and not pressing the impugned Notices dated 18th May, 2026 (Annexure-H3) and 08th April, 2026 (Annexure-H2).
6. In the light of submission made by learned counsel appearing for the parties, I have carefully perused the order dated 27th October, 2025 (Annexure-G1) passed by this Court
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HC-KAR NC: 2026:KHC:28748 WP NO.17249 OF 2026
in Writ Petition No.30537 of 2025. Paragraphs 3 and 4 of the said order reads as under:
"3. In the light of the procedure prescribed under Section 67 of the Act, 1964 notices at Annexure-D to D-19 are set aside. Respondent-State is at liberty to follow the procedure under Section 67 of the Act, 1964 or such other procedure prescribed under the law and proceed further.
4. Needless to state that the ascertainment of encroachment by survey requires to be done in the presence of petitioners and other affected parties and subsequent to such survey an enquiry as contemplated under the Karnataka Land Revenue Act may be initiated."
7. Taking into consideration the observation made by this Court in the aforesaid order and the submission made by learned Additional Government Advocate appearing for respondents, I am of the view that, the respondents have taken steps under Section 67 of the Karnataka Land Revenue Act,
1964. Therefore, respondents are directed not take any action against the petitioners in respect of the subject property till the action that may be taken in terms of order passed by this Court in Writ Petition No.30537 of 2025. Accordingly, Eviction Notices bearing No.NCR/CR/42/2019-20 dated 18th May, 2026
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HC-KAR NC: 2026:KHC:28748 WP NO.17249 OF 2026
(Annexure-H3) and 08th April, 2026 (Annexure-H2) issued by the respondent No.2 are hereby set-aside. In the result, writ petition stands disposed of.
Sd/- (E.S. INDIRESH) JUDGE
ARK List No.: 2 Sl No.: 2