- 1 - HC-KAR CNR: KAHC010467072026 NC: 2026:KHC:39769 WP No. 21280 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21280 OF 2026 (KLR-RES) BETWEEN: 1. KEMPANNA AGED ABOUT 50 YEARS, S/O LATE EARAIAH R/AT TIPPUR VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT, 572216. 2. CHANDRAIAH, S/O. LATE EERAIAH, AGED ABOUT 32 YEARS, R/AT TIPPUR VILLAGE, KASABA HOBLI, GUBBI TALUK, TUMKUR DISTRICT, 572216. …PETITIONERS (BY SMT RASHMI K, ADVOCATE FOR SRI SHIVARAJU M K, ADVOCATE) AND: 1. STATE OF KARNATAKA, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001, REP. BY ITS PRINCIPAL SECRETARY. 2. THE ASSISTANT COMMISSIONER AND SUB-DIVISIONAL MAGISTRATE, TUMKUR SUB-DIVISION, TUMKUR-572 101. Digitally signed by BELUR RANGADHAMA NANDINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010467072026 NC: 2026:KHC:39769 WP No. 21280 of 2026 3. THE TAHSILDAR, GUBBI TALUK, TUMAKURU-572101. 4. THE ASST. DIRECTOR OF LAND RECORDS, GUBBI, TUMAKURU - 572101. 5. MALLIKARJUNA A, S/O. LATE ALE GOWDA, AGED ABOUT 44 YEARS, R/AT CHELUR VILLAGE AND HOBLI, GUBBI TALUK, TUMKUR-572 107 …RESPONDENTS (BY SRI SPOORTHY HEGDE N, HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE FINAL NOTICE BEARING NO. NCRCR/152/25-26 DATED 29.04.2026 UNDER ANNEXURE A ISSUED BY THE THIRD RESPONDENT DIRECTING THE PETITIONERS TO VACATE THE ALLEGED ENCROACHED AREA AS PER 'B' SKETCH CART ROAD, ALLEGED TO HAVE EXISTED ON THE LAND BEARING SY. NO. 102/5 MEASURING 2 ACRES 6 GUNTAS AND SY. NO. 102/6 MEASURING 2 ACRES 14 GUNTAS SITUATED AT THALIKOPPA VILLAGE, CHELURU HOBLI, GUBBI TALUK, TUMAKURU DISTRICT, AS PER SKETCH GIVEN BY THE RESPONDENTS 3 AND 4 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 Learned High Court Government Pleader accepts notice on behalf of respondents No.1 to 4. - 3 - HC-KAR CNR: KAHC010467072026 NC: 2026:KHC:39769 WP No. 21280 of 2026 2. In this petition, the petitioners are assailing the notice dated 29.04.2026 (Annexure-A) passed by respondent No.3. 3. Smt.Rashmi K., learned counsel appearing on behalf of the petitioners contends that the impugned notice at Annexure-A has been made to take penal action against the petitioners as to the encroachment made therein. However, the petitioners have not been heard while conducting the survey by the respondent-Authorities. Accordingly, sought for interference of this Court. 4. Per contra learned High Court Government Pleader sought to justify the impugned notice at Annexure-A. 5. In the light of the submission made by the learned counsel appearing for the parties and on careful consideration of Annexure-A, wherein respondent No.3 has given a final notice to vacate, without affording opportunity of hearing the petitioners. In order to ascertain whether any encroachment has been made by the petitioners, is to be determined only after conducting a survey in the presence of the petitioners. In - 4 - HC-KAR CNR: KAHC010467072026 NC: 2026:KHC:39769 WP No. 21280 of 2026 that view of the matter, this Court is of the view that Annexure- A is unsustainable in law. Therefore, I am of the view the writ petition requires to be allowed. 6. Accordingly, the Writ Petition is allowed. 7. Respondents No.3 and 4 shall conduct joint survey in the presence of the petitioners and respondent No.5 and other interested persons, if any and thereafter take decision in the matter in accordance with law. 8. It is also made clear that while conducting the joint survey in the presence of the petitioners and respondent No.5, it is needless to say that respondents No.3 and 4 shall issue prior notice to the petitioners as well as to respondent No.5. Till the joint survey is conducted by respondent-authorities as observed above, no coercive steps shall be taken against petitioners. Sd/- (E.S.INDIRESH) JUDGE GVP List No.: 1 Sl No.: 23