- 1 - HC-KAR CNR: KAHC010568192026 NC: 2026:KHC:44923 WP No. 25790 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 25790 OF 2026 (KLR-RES) BETWEEN: SRI M S RAMAKRISHNANAPPA S/O LATE SUBBARAYAPPA M.P., AGED ABOUT 69 YEARS, R/AT NO.1447/6, 5TH ‘A' MAIN BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560 010. …PETITIONER (BY SRI. NITIN PRASAD, ADV. FOR SRI M.S. ASWATHA REDDY, ADV.) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU- 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G. ROAD, BENGALURU-560 009. 3. THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU-560 009. Digitally signed by NANJUNDACHARI Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010568192026 NC: 2026:KHC:44923 WP No. 25790 of 2026 4. THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU - 560 009. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, IS PRAYING TO A. ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION QUASHING THE IMPUGNED CONSEQUENTIAL RECOVERY/EVICTION ORDER DATED 12-05-2026 PASSED BY RESPONDENT NO.4 (TAHSILDAR, BENGALURU NORTH TALUK) IN BEARING CASE NO. NSIR(D)CR.42/2025-26/795188 AS PER ANNEXURE-G, AS ILLEGAL, ARBITRARY, AND PASSED WITHOUT JURISDICTION 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 This Court vide order dated 19.08.2026, allowed the writ petition on the ground that the respondent-Tahsildar has issued a notice under Section 104 of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’), much prior to the amendment made to Section 104 of the Act. 2. However, on careful consideration of the above said order, it is forthcoming that the impugned order at Annexure-G was passed by the respondent-Tahsildar - 3 - HC-KAR CNR: KAHC010568192026 NC: 2026:KHC:44923 WP No. 25790 of 2026 subsequent to the amendment on 07.04.2025. In that view of the matter, the matter requires re-consideration. 3. Having heard the learned counsel appearing for the parties and on careful consideration of Annexure-G, it indicates that the respondent-authorities have issued a notice and passed an order without conducting the spot inspection in the presence of the petitioner. 4. In that view of the matter, respondent No.4 along with jurisdictional ADLR shall conduct a spot inspection and survey in respect of the land in question, in the presence of the petitioner and thereafter take a decision in the matter, in accordance with law. 5. In the result, the petition is allowed, the order dated 12.05.2026 passed by respondent No.4 is accordingly set aside and in terms of the order passed today, the spot inspection and the survey has to be conducted by respondent No.4 along with jurisdictional - 4 - HC-KAR CNR: KAHC010568192026 NC: 2026:KHC:44923 WP No. 25790 of 2026 ADLR., as stated above, on 05.10.2026 at 11.00 a.m. in the presence of the petitioner. 6. With the above observations, the writ petition is accordingly disposed of. Sd/- (E.S.INDIRESH) JUDGE NC CT:bms List No.: 1 Sl No.: 1