- 1 - HC-KAR CNR: KAHC010440522026 NC: 2026:KHC:42800 WP No. 20117 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.20117 OF 2026 (KLR-RES) BETWEEN: 1. SRI. T.N. DEVARAJ S/O LATE NANJUNDEGOWDA, AGED ABOUT 63 YEARS, R/AT NO.80, SALAGAME ROAD, THAVARADEVARA KOPPALU VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573201. …PETITIONER (BY SRI. YADUNANDAN N., ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, DEPUTY COMMISSIONER'S OFFICE BUILDING, N.R. CIRCLE, HASSAN - 573201. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010440522026 NC: 2026:KHC:42800 WP No. 20117 of 2026 3. THE TAHSILDAR, HASSAN TALUK, HASSAN DISTRICT - 573201. 4. ASSISTANT DIRECTOR, TOWN AND COUNTRY PLANNING DEPARTMENT HASSAN DISTRICT - 573201. 5. VILLAGE ADMINISTRATIVE OFFICER, DODDAKONDAGULA VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573 201. 6. SRI. B.K. RANGASWAMY, PROPRIETOR/OWNER OF SRUSHTI GROUP BUILDERS AND DEVELOPER KANCHAMARANAHALLI, DODDAKONDAGULA VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT - 573201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE PROCEEDINGS IN KERE OTTUVARI NO.78/25-26 DATED 12.05.2026 ISSUED BY RESPONDENT NO.3/TAHSILDAR HASSAN TALUK, AS PER ANNEXURE-D. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010440522026 NC: 2026:KHC:42800 WP No. 20117 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. Yadunandan N., learned counsel for the petitioner, and Smt. B. P. Radha, learned Additional Government Advocate appearing for the respondent-State. 2. In this writ petition, the petitioner is assailing the Memorandum dated 12.05.2026, produced at Annexure-D, passed by Respondent No. 3-Thasildar. 2. It is contended by Sri. Yadunandan N., learned counsel for the petitioner, that the respondent-authorities have issued the impugned Memorandum dated 12.05.2026, produced at Annexure-D, without conducting any survey of the land in question and, as such, the respondent- - 4 - HC-KAR CNR: KAHC010440522026 NC: 2026:KHC:42800 WP No. 20117 of 2026 authorities are interfering with the land in question. Therefore, he seeks interference by this Court. 3. Per contra, Smt. B.P. Rada learned Additional Government Advocate, referring to the impugned Memorandum dated 12.05.2026, submitted that notice was issued to the petitioner directing him to remain present on 15.05.2026. However, the petitioner did not make any representation. Accordingly, the learned Additional Government Advocate sought to justify the impugned Memorandum dated 12.05.2026. 4. In the light of the submissions made by the learned counsel appearing for the parties, and upon careful consideration of the impugned Memorandum dated 12.05.2026, it is evident that no prior notice was issued to the petitioner before conducting the survey on 15.05.2026. In that view of the matter, I - 5 - HC-KAR CNR: KAHC010440522026 NC: 2026:KHC:42800 WP No. 20117 of 2026 find force in the submission made by the learned counsel for the petitioner. 6. Accordingly, in order to resolve the dispute as to the alleged encroachment in the subject land, I am of the opinion that Respondent Nos. 3 and 4 are directed to conduct a fresh survey in the presence of the petitioner on 15.09.2026 at 11:00 a.m. and, thereafter, take a decision in the matter in accordance with law. 7. It is made clear that, until such consideration, the respondent-authorities shall not interfere with the schedule property belonging to the petitioner. Accordingly, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SB:List No.: 1 Sl No.: 5