- 1 - HC-KAR CNR: KAHC010499112026 NC: 2026:KHC:42793 WP No. 22771 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22771 OF 2026 (KLR-RES) BETWEEN: 1. SMT. JYOTHI SHEDTHI, W/O CHANDRASHEKAR SHETTY, AGED ABOUT 59 YEARS, R/AT ALSADI, HARAVARIMANE, KALTHODU VILLAGE AND POST, BYNDOOR TALUK, UDUPI DISTRICT - 576219. …PETITIONER (BY SRI. VIGNESHWAR S. SHASTRY, SENIOR COUNSEL FOR SMT. AISHWARYA HEGDE M.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR. B.R. AMBEDKA VEEDHI, BENGALURU - 560001, REPRESENTED BY ITS PRINCIPAL SECRETARY. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010499112026 NC: 2026:KHC:42793 WP No. 22771 of 2026 2. THE DEPUTY COMMISSIONER, RAJATADRI, MANIPAL, UDUPI DISTRICT - 576104. 3. THE ASSISTANT COMMISSIONER, KUNDAPURA SUB-DIVISION, MINI VIDHANA SOUDHA, KUNDAPURA, UDUPI DISTRICT - 576201. 4. THE TAHSILDAR, BYNDOOR TALUK, TALUK OFFICE, BYNDOOR, UDUPI DISTRICT - 576214. 5. SRI. A. GOPAL SHETTY, S/O LATE NARAYANA SHETTY, AGED ABOUT 68 YEARS, R/AT ALSADI, KAVALADIMANE, KALTHODU VILLAGE AND POST, BYNDOOR TALUK - 576219. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4; SRI. S. RAJASHEKAR, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT REVIEWING AND RECALLING THE ORDER DATED 08.06.2026 PASSED IN W.P.NO.16510/2026 (KLR-RES), PRODUCED AT ANNEXURE-A, AND RESTORE THE SAID WRIT PETITION FOR FRESH CONSIDERATION AFTER IMPLEADING AND HEARING THE PETITIONER, IN ACCORDANCE WITH THE - 3 - HC-KAR CNR: KAHC010499112026 NC: 2026:KHC:42793 WP No. 22771 of 2026 PRINCIPLES LAID DOWN IN SHIVDEO SINGH AND OTHERS V. STATE OF PUNJAB AND OTHERS, AIR 1963 SC 1909; 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 Sri. S. Rajashekar, learned counsel, accepts notice for Respondent No. 5. Smt. B.P. Radha, learned Additional Government Advocate, accepts notice for Respondent Nos. 1 to 4. 2. In this writ petition, the petitioner has sought review and recall the order dated 08.06.2026 passed in W.P. No. 16510 of 2026, produced at Annexure-A, and further sought to set aside all consequential proceedings initiated against the petitioner, including the notices produced at Annexures-E, F and G. - 4 - HC-KAR CNR: KAHC010499112026 NC: 2026:KHC:42793 WP No. 22771 of 2026 3. Heard Sri. Vigneshwar S. Shastry, learned Senior Counsel appearing on behalf of the learned counsel Smt. Aishwarya Hegde M.V., for the petitioner; Smt. B.P. Radha, learned Additional Government Advocate appearing for the respondent- State; and Sri. S. Rajashekar, learned counsel appearing for Respondent No. 5. 4. Sri. Vigneshwar S. Shastry, learned Senior Counsel appearing for the petitioner, submitted that, under the guise of the order dated 08.06.2026 passed in W.P. No. 16510 of 2026 (Annexure-A), the respondent-authorities have resorted to evicting the petitioner from the schedule property, which is the subject matter of O.S. No. 119 of 2023 pending before the competent Civil Court at Byndoor. Therefore, learned Senior Counsel contended that the impugned - 5 - HC-KAR CNR: KAHC010499112026 NC: 2026:KHC:42793 WP No. 22771 of 2026 memorandum dated 07.07.2026 (Annexure-F) is liable to be set aside. 5. Per contra, Smt. B.P. Radha, learned Additional Government Advocate, referring to the memorandum dated 07.07.2026 (Annexure-F), contended that the impugned notice has been issued only for the purpose of conducting a spot inspection and verifying the factual position, in order to ascertain whether any encroachment has been made therein. She further submitted that, in the event any encroachment upon the public road is found, appropriate action would be taken by the respondent- authorities in accordance with law. Accordingly, she sought to justify the impugned memorandum dated 07.07.2026. 6. In the light of the submissions made by the learned counsel appearing for the parties, it is relevant - 6 - HC-KAR CNR: KAHC010499112026 NC: 2026:KHC:42793 WP No. 22771 of 2026 to note that this Court, vide order dated 08.06.2026 (Annexure-A) passed in W.P. No. 16510 of 2026 filed by Respondent No. 5 herein, directed the respondent- authorities to consider the representation made by the petitioner therein, in accordance with law. 7. Pursuant to the said order, Respondent No. 4 issued the memorandum dated 07.07.2026 (Annexure-F). A perusal of the said memorandum makes it clear that the respondent-authorities have proposed to conduct a spot inspection and, if any encroachment upon the public road is found to have been made by the petitioner or Respondent No. 5, appropriate action would be taken in accordance with Section 67 of the Karnataka Land Revenue Act, 1964. 8. In view of the above, I am of the opinion that the impugned memorandum does not call for - 7 - HC-KAR CNR: KAHC010499112026 NC: 2026:KHC:42793 WP No. 22771 of 2026 interference by this Court. Accordingly, the writ petition is rejected. 9. However, insofar as the civil rights of the parties are concerned, the same are pending consideration before the competent Civil Court. Therefore, this Court shall not express any opinion on the civil rights of the parties, and the parties are at liberty to agitate their respective rights and contentions before the competent Civil Court. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 16