- 1 - HC-KAR NC: 2026:KHC:33233 WP No. 13835 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.13835 OF 2022 (KLR-RES) BETWEEN: 1. SRI. N. SHIVARAM SON OF LATE V. NARAYAN AGED ABOUT 54 YEARS R/AT KUMBALAHALLI VILLAGE KASABA HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562114. 2. SRI. N. AJAY KUMAR SON OF LATE V. NARAYAN AGED ABOUT 47 YEARS R/AT KUMBALAHALLI VILLAGE KASABA HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562114. 3. SRI. N. MANJUNATH SON OF LATE V. NARAYAN AGED ABOUT 43 YEARS R/AT KUMBALAHALLI VILLAGE KASABA HOBLI HOSKOTE TALUK BENGALURU RURAL DISTRICT - 562114. …PETITIONERS (BY SRI. T.N. VISWANATHA, ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33233 WP No. 13835 of 2022 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY VIDHANA SOUDHA DR. B.R. AMBEDKAR ROAD BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERASANDRA VILLAGE KUNDANA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562110. 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA TOWN BENGALURU RURAL DISTRICT - 561203. 4. THE THASILDHAR HOSKOTE TALUK HOSKOTE - 562114. …RESPONDENTS (BY SMT. B.P. RADHA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO.LND(H) CR 77/2021-22 DATED 24.02.2022 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-G. - 3 - HC-KAR NC: 2026:KHC:33233 WP No. 13835 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are assailing the Official Memorandum bearing No.LND(H)CR:77/2021-22, dated 24.02.2022 (Annexure-G) issued by respondent No.2. 2. Sri. T.N. Viswanatha, learned counsel appearing for the petitioners submitted that petitioners are in possession of the property bearing Gramatana Junger No.57, property No.57/2 of Kumbalahalli Village, Kasaba Hobli, Hoskote Taluk, Bengaluru Rural District. It is argued by Sri. T.N. Viswanatha, learned counsel, by referring to Judgment and Decree in O.S.No.148/2009 on the file of Principal Civil Judge & JMFC, Hoskote, that petitioners are in possession of the schedule property for more than four decades and therefore, the impugned Official Memorandum dated 24.02.2022 issued by respondent No.2 requires to be set aside as no proper notice - 4 - HC-KAR NC: 2026:KHC:33233 WP No. 13835 of 2022 has been issued to the petitioner and accordingly, sought for interference of this Court. 3. Per contra, learned Additional Government Advocate submitted that, pursuant to the Official Memorandum dated 24.02.2022, the property in question has been handed over to Primary Health Centre of Kumbalahalli Village, Hoskote Taluk and therefore, the petitioners have no right over the property in question. 4. Having taken note of the submissions made by the learned counsel appearing for the parties and on careful consideration of the impugned Official Memorandum would indicate that the petitioners have not been heard in the matter. In that view of the matter, taking into consideration the Judgment and Decree passed by the competent Civil Court in O.S.No.148/2009 on the file of Principal Civil Judge & JMFC, Hoskote, wherein the respondent - State was arrayed as defendant No.1, In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioners that petitioners are in possession of the property in question. Accordingly, I pass the following: - 5 - HC-KAR NC: 2026:KHC:33233 WP No. 13835 of 2022 ORDER (i) The Writ Petition is allowed. (ii) The impugned Official Memorandum bearing No.LND(H)CR:77/2021-22, dated 24.02.2022 (Annexure-G) passed by respondent No.2 is hereby set aside. (iii) It is made clear that, in the event, the respondent - authorities are likely to take any action in respect of the property in question, same shall be made after issuing notice/ensuring that petitioners are made known of the intended action. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 50