- 1 - HC-KAR CNR: KAHC010420412023 NC: 2026:KHC:42796 WP No. 17685 of 2023 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. 17685 OF 2023 (KLR-RES) BETWEEN: 1. PUTTANNA S/O LATE SHIVALINGAIAH, AGED ABOUT 70 YEARS, R/OF KONANAKERE VILLAGE, KADABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572219. 2. SMT. RAMYA K.L. W/O SRINIVAS AGED ABOUT 35 YEARS, RESIDING AT HEBBUR ROAD, KASABA HOBLI, GUBBI TOWN, TUMKUR DISTRICT - 572216. 3. NIRANJAN MURTHY S/O LATE SIDDAMALLA VADEYAR, AGED ABOUT 45 YEARS, RESIDING AT SUBHASH NAGAR, KASABA HOBLI, GUBBI TOWN, TUMKUR DISTRICT - 572216. 4. SMT. MANGALA N. W/O H.B. VASANTH KUMAR AGED ABOUT 48 YEARS, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010420412023 NC: 2026:KHC:42796 WP No. 17685 of 2023 RESIDING AT NO.523, 10TH CROSS, DASARAHALLI MAIN ROAD, NEAR BHUVANESHWARI TEMPLE, BHUVANESHWARI NAGAR, H A FARM, BENGALURU - 560024. 5. G.C. RANGANATH S/O LATE CHIKKARANGAIAH AND SMT. NAGARATHNAMMA D. AGED ABOUT 85 YEARS, RESIDING AT SUBHASH NAGAR, KASABA HOBLI, GUBBI TOWN, TUMKUR DISTRICT - 572216. 6. SMT SOWBHAGYAMMA W/O G T GANGANNA, AGED ABOUT 63 YEARS, RESIDING AT NO.124/11, HEBBUR ROAD, KASABA HOBLI, GUBBI TOWN, TUMKUR DISTRICT - 572216. 7. KRISHNAPPA G.C. S/O LATE CHIKKANARASAIAH, AGED ABOUT 57 YEARS, RESIDENT OF SINGONAHALLI VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT - 572216. 8. SHEKHARAPPA S/O LATE CHANNAMALLAPPA, AGED ABOUT 75 YEARS, - 3 - HC-KAR CNR: KAHC010420412023 NC: 2026:KHC:42796 WP No. 17685 of 2023 RESIDENT OF SUBHASH NAGAR, KASABA HOBLI, GUBBI TOWN, TUMKUR DISTRICT - 572216. …PETITIONERS (BY SRI. SUHAS H.S., ADVOCATE) AND: 1. THE TAHSILDAR GUBBI TALUK, GUBBI - 572216, TUMKUR DISTRICT. …RESPONDENT (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 NOTICE BEARING NO.DVS CR 48/2022- 23 DATED 25.07.2023 ISSUED BY THE RESPONDENT VIDE ANNEXURE-A TO THE WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioners are assailing the notice dated 25.07.2023, at Annexure-A and the - 4 - HC-KAR CNR: KAHC010420412023 NC: 2026:KHC:42796 WP No. 17685 of 2023 order dated 07.01.2026, at Annexure-AC, passed by the respondent herein. 2. Heard Sri. H.N. Shashidhara, learned Senior Counsel appearing on behalf of learned counsel Sri. Suhas H.S., for the petitioners and Smt. B.P. Radha, learned Additional Government Advocate appearing for the respondent-State. 3. Sri. H.N. Shashidhara, learned Senior Counsel appearing for the petitioners, contended that the petitioners have been in possession of a small portion of the property belonging to Sri. Chennabasaveshwara Swamy Temple, Gubbi, for more than 50 to 60 years. It is contended that, in view of the impugned orders passed by the respondent, steps have been taken to evict the petitioners without conducting a proper enquiry and, as such, sought interference of this Court. - 5 - HC-KAR CNR: KAHC010420412023 NC: 2026:KHC:42796 WP No. 17685 of 2023 4. It is further contended by the learned Senior Counsel that the respondent has not considered the documents produced by the petitioners while passing the order dated 07.01.2026. Therefore, it is submitted that a fair opportunity of hearing ought to be extended to the petitioners before taking any adverse action against them. Accordingly, learned Senior Counsel sought interference of this Court. 6. Per contra, Smt. B.P. Radha, learned Additional Government Advocate, referring to the order dated 07.01.2026, contended that the respondent has considered the matter in detail and that the petitioners have illegally encroached upon the temple property in question. Accordingly, she sought to justify the impugned order. 7. In the light of the submissions made by the learned counsel appearing for the parties, and on - 6 - HC-KAR CNR: KAHC010420412023 NC: 2026:KHC:42796 WP No. 17685 of 2023 careful consideration of the procedure adopted by the respondent-authority, it is noticed that the said authority has taken action against only a few individuals out of the total 21 persons alleged to have encroached upon the temple property. It is further noticed that some of the persons have been heard, whereas others have not been afforded an opportunity of hearing in respect of the alleged encroachment. 8. In that view of the matter, without expressing any opinion on the merits of the case, I am of the opinion that the respondent herein shall conduct an enquiry afresh and take an appropriate decision in the matter after affording an opportunity of hearing to all the parties concerned, at the earliest. 9. In order to avoid further delay in the matter, the petitioners, without awaiting any notice from the - 7 - HC-KAR CNR: KAHC010420412023 NC: 2026:KHC:42796 WP No. 17685 of 2023 respondent, shall appear before the respondent on 10.09.2026 at 11.00 am. 10. Needless to say, it is open for the respondent to issue prior notice to any other individuals who are similarly situated and are alleged to have encroached upon the temple property, and thereafter take action in accordance with law. 11. In the result, the writ petition is allowed. The impugned notice dated 25.07.2023, at Annexure- A, and the order dated 07.01.2026, at Annexure-AC, are hereby quashed. Pending application(s), if any, stand dismissed. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 8