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2026 DAILYLAW 22268 (KAR)

MR VISHWANATHA POOJARY v. THE STATE OF KARNATAKA

WP/17863/2026 · 2026-06-16

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29151 WP No. 17863 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 17863 OF 2026 (KLR-RES) BETWEEN: 1. MR. VISHWANATHA POOJARY S/O CHINKRA POOJARY AGED ABOUT 44 YEARS R/AT 1-66E, KYAKANJE HOUSE CHARA VILLAGE AND POST HEBRI TALUK, CHARA HEBRI UDUPI- 576112. 2. MR. CHEENKRA POOJARY S/O KORAGA POOJARY AGED ABOUT 77 YEARS R/AT MANDADI JEDDU CHARA VILLAGE AND POST HEBRI TALUK, CHARA HEBRI UDUPI- 576112 …PETITIONERS (BY SRI. NISHANTH A V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT ROOM NO. 627, M.S. BUILDING BENGALURU - 560001 Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29151 WP No. 17863 of 2026 REP. BY ITS PRINCIPAL SECRETARY 2. THE TAHSILDAR AND EXECUTIVE MAGISTRATE HEBRI TALUK, HEBRI UDUPI DISTRICT – 576112. 3. MR. KRISHNA NAIK S/O MALLU NAIK AGED MAJOR R/AT CHARA VILLAGE HEBRI TALK, UDUPI- 576112 4. MR. SUGANDHI NAIK S/O RAMACHANDRA NAIK AGED MAJOR R/O CHARA VILLAGE HEBRI TALUK, UDUPI- 576112 5. MR. VASUDEVA SERVEGAR S/O NARAYAN SHERVEGAR AGED MAJOR R/AT CHARA VILLAGE HEBRI TALUK, UDUPI- 576112 …RESPONDENTS (BY SMT. B.P.RADHA., AGA FOR R1 & R2 V/O DT. 16/06/2026 NOTICE TO R3 TO R5 IS D/W) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER SETTING ASIDE THE ORDER DATED 22.05.2026 BEARING NO. N.C.R.C.R 50/2026 (E-259783) ISSUED BY THE 2ND RESPONDENT - TAHSILDAR AND EXECUTIVE MAGISTRATE, HEBRI TALUK, HEBRI, UDUPI DISTRICT VIDE ANNEXURE-A AND ETC., - 3 - HC-KAR NC: 2026:KHC:29151 WP No. 17863 of 2026 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 Additional Government Advocate accepts notice for the respondent Nos.1 & 2. Notice to respondent Nos.3 to 5 is dispensed with in terms of the memo filed by the petitioner. 2. In this writ petition, the petitioners are assailing the notice dated 22.05.2026 issued by the respondent No.2. 3. After considering the material on record and the averments made in the petition, the impugned notice at Annexure-A, which is in the nature of penal in action, has been issued without hearing the petitioners. 4. In that view of the matter, I am of the view that, the notice at Annexure-A shall be considered as a show cause notice and thereby the petitioners are - 4 - HC-KAR NC: 2026:KHC:29151 WP No. 17863 of 2026 permitted to file objection/reply to the aforementioned notice at Annexure -A, within a period of four weeks from the date of receipt of certified copy of this order and thereafter the respondent No.2 shall consider the objection/reply that may be made by the petitioner and thereafter take action in accordance with law. Till the consideration of such reply/objection that may be filed by the petitioners, no coercive steps be taken against the petitioners by the respondent authorities. With these observations, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE KLY List No.: 1 Sl No.: 45