- 1 - HC-KAR NC: 2026:KHC:33023 WP No. 36401 of 2025 C/W WP No. 33654 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 36401 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 33654 OF 2025 (KLR-RES) IN WP No. 36401/2025 BETWEEN: 1. SRI BABU K S/O SRI. PEETHAMBARAN K. AGED ABOUT 45 YEARS, RESIDING AT NO. 109, NILAMBARI, 4TH CROSS, JANANI ENCLAVE, HURULICHIKKANAHALLI, HESARAGATTA HOBLI, CHIKKABANAVARA POST, BENGALURU -560090 …PETITIONER (BY SMT. SARASWATHI M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIKASA SOUDHA, BENGALURU -560001 REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33023 WP No. 36401 of 2025 C/W WP No. 33654 of 2025 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK-562110. 3. TAHASILDAR, MINI VIDHANA SOUDHA, YELAHANKA, YELAHANKA TALUK, BENGALURU-560064. 4. SRI. B.N. JAGANNATHA, S/O. M NARAYANASWAMY, AGED ABOUT 54 YEARS, RESIDING AT NO.64/1, 1ST MAIN, 3RD CROSS, SEETHARAMAIAH ROAD, GAVIPURAM EXTENSION, BENGALURU-560019. 5. SRI. KRISHNAPPA S/O LATE.MUNIMALAGAPPA, AGED ABOUT 70 YEARS, RESIDING AT HURULICHIKKANAHALLI, HESARAGATTA HOBLI, CHIKKABANAVARA POST, YELHANKA TALUK, BENGALURU NORTH TALUK, BENGALURU -560090 …RESPONDENTS (BY SMT. M. BHARATHI, ADVOCATE FOR C/R4; SMT. B.P. RADHA, AGA FOR R1 TO R3; SRI. B. RAMESH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - 3 - HC-KAR NC: 2026:KHC:33023 WP No. 36401 of 2025 C/W WP No. 33654 of 2025 SETTING ASIDE THE IMPUGNED ORDER DATED 02-02-2024 BEARING NO. ALN(G)(H)/CR/26/2020-21 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-K; SETTING ASIDE THE IMPUGNED NOTICE DATED 30-10-2025 BEARING NO. ALN(G)(H)/CR/26/2020-21 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-L; AND ETC. IN WP NO. 33654/2025 BETWEEN: 1. SRI. K. V. JHON S/O K. VINCENT AGED ABOUT 65 YEARS, RESIDING AT NO.173, 3RD CROSS, JANANI ENCLAVE, HURULICHIKKANAHALLI, HESARAGATTA HOBLI, CHIKKABANAVARA POST, BENGALURU -560090. ...PETITIONER (BY SRI. SARASWATHI M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIKASA SOUDHA, BENGALURU -560001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE, DEVANAHALLI TALUK-562110. - 4 - HC-KAR NC: 2026:KHC:33023 WP No. 36401 of 2025 C/W WP No. 33654 of 2025 3. TAHASILDAR, MINI VIDHANA SOUDHA, YELAHANKA, YELAHANKA TALUK, BENGALURU-560064. 4. SRI.B N JAGANNATHA, S/O. M NARAYANASWAMY, AGED ABOUT 54 YEARS, RESIDING AT NO.64/1, 1ST MAIN, 3RD CROSS SEETHARAMAIAH ROAD, GAVIPURAM EXTENSION, BENGALURU-560019. 5. SRI.KRISHNAPPA S/O LATE.MUNIMALAGAPPA, AGED ABOUT 70 YEARS, RESIDING AT HURULICHIKKANAHALLI, HESARAGATTA HOBLI, CHIKKABANAVARA POST, YENLANKA TALUK, BENGALURU NORTH TALUK, BENGALURU -560090. ...RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SMT. M. BHARATHI, ADVOCATE FOR R4; SRI. B. RAMESH, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE IMPUGNED ORDER DATED - 5 - HC-KAR NC: 2026:KHC:33023 WP No. 36401 of 2025 C/W WP No. 33654 of 2025 02.02.2024 BEARING NO. ANL(G)(H)/CR/26/2020-21 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-L; SET ASIDE THE IMPUGNED NOTICE DATED 30.10.2025 BEARING NO. ALN(G)(H)/CR/26/2020-21 PASSED BY RESPONDENT NO.3 VIDE ANNEXURE-M. THESE PETITIONS, 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 these Writ Petitions, petitioners are assailing the order dated 02.02.2024 passed by respondent No.3 - Tahsildar, Yelahanka Taluk, Bengaluru and the impugned notice dated 30.10.2025 passed by respondent No.3 as to remove the encroachment/construction made in the agricultural land bearing Sy.No. 110/2 measuring 2 acres 7 guntas of land at Huralichikkanahalli Village, Hesaraghatta Hobli, Yelahanka Taluk, Bengaluru District. - 6 - HC-KAR NC: 2026:KHC:33023 WP No. 36401 of 2025 C/W WP No. 33654 of 2025 2. Having heard the learned counsel appearing for the parties and on careful consideration of the proceedings dated 02.02.2024 and the notice dated 30.10.2025 issued by the Tahsildar, Yelahanka Taluk, Bengaluru would indicate that construction has been made in an agricultural land without seeking grant of permission for conversion of the land in question, from the competent authority. In that view of the matter, such construction of building runs contrary to Section 95 of the Karnataka Land Revenue Act, 1964. In that view of the matter, I am of the view that, there is no infirmity in the notice dated 30.10.2025 issued by the Tahsildar pursuant to the order dated 02.02.2024, passed by the Tahsildar. 3. It is also to be noted that the Hon'ble Supreme Court in the case of RAJENDRA KUMAR BARJATYA AND ANOTHER Vs. U.P. AVAS EVAM VIKAS PARISHAD AND OTHERS, reported in 2024 SCC OnLine SC 3767, held that if any layout has been formed in agricultural land without following the procedure as to conversion of the land for non agricultural purpose, such action on the part of the owners cannot be accepted by the respondent - authorities. Following the - 7 - HC-KAR NC: 2026:KHC:33023 WP No. 36401 of 2025 C/W WP No. 33654 of 2025 aforesaid Judgment, I am of the view that, no interference is called for in these Writ Petitions. 4. Accordingly, the Writ Petitions are dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 54