Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010387562026 NC: 2026:KHC:47544 WP No. 17605 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17605 OF 2026 (GM-RES) BETWEEN:
1.
SRI S NINGAIAH W/O LATE SHAMBAIAH AGED ABOUT 72 YEARS, R/AT SHAMBHUNIDHI FARM HOUSE, SIDDANAHUNDI VILLAGE VYASARAJAPURA POST, SOSALE HOBLI, T NARASIPURA TALUK MYSORE DISTRICT-571 120 … PETITIONER (BY SRI. ANANDA H.J., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED ITS ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, DR AMBEDKAR ROAD BANGALORE-560 001
2.
DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-570 001
3. THASILDAR T NARASIPURA TALUK MYSORE DISTRICT-571 120
4.
ASSISTANT EXECUTIVE ENGINEER CAUVERY NEERAVARI NIGAMA (N)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010387562026 NC: 2026:KHC:47544 WP No. 17605 of 2026
NO.4 K R S SUB DIVISION, MADEGOWDANA HUNDI GATE-571 101 T NARASIPURA TALUK MYSORE DISTRICT
5.
SRI ANIL KUMAR B H S/O HOMBEGOWDA AGED ABOUT 46 YEARS, R/AT BEVINAHALLI VILLAGE SOSALE HOBLI T NARASIPURA TALUK MYSORE DISTRICT-571 120 … RESPONDENTS (BY SRI. SHAMANT NAIK, AGA FOR R1 TO R3, V/O DATED 23.06.2026;
SRI PRASHANTH B.R., ADVOCATE FOR R4;
NOTICE TO R5 IS DEFERRED FOR NOW)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (I) ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED SHOW CAUSE NOTICE BEARING NO.SA.KA.ENG/NO.4 KR.RA.SAGARA.U.VI/SA.ENG- 3/NALE OTTUVARI/2026-27/76-80 DATED 14/05/2026 ISSUED BY THE RESPONDENT NO.4 VIDE AT ANNEXURE-A ONLY IN SO FAR AS THE PETITIONER LAND IN SY. NO.93 SITUATED IN THAMMADDIPURA VILLAGE, SOSALE HOBLI, T. NARASIPURA TALUK IS CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs: i. Issue a Writ in the nature of Certiorari to quash the impugned show cause notice bearing No. Sa.Ka.Eng/No.4 Kr.Ra.Sagara. U.Vi/Sa.Eng-3/Nale Ottuvari/2026-27/76-80 dated 14/05/2026 issued
- 3 -
HC-KAR
CNR: KAHC010387562026 NC: 2026:KHC:47544 WP No. 17605 of 2026
by the respondent No.4 vide at Annexure-A only in so far as the petitioner land in Sy. No.93 situated in Thammaddipura Village, Sosale Hobli, T. Narasipura Taluk is concerned in the interest of justice and equity.
ii. Issue a Writ in the nature of Certiorari to quash the impugned letter bearing No.Sa.Ka.Eng/No.4.Kr.Ra.Sagara.U.Vi/Sa.Eng- 3/Nale Ottuvari Bagge/2026-27/96 dated 25/05/2026 issued by the respondent No.4 vide at Annexure-B in the interest of justice and equity.
iii. To pass any appropriate orders as this Hon'ble Court may deems fit in the facts and circumstances of the case including the cost of this petition in the interest of justice and equity.
2. The grievance of the petitioner is that a show-cause notice has been issued to the petitioner in terms of a letter dated 14.05.2026 at Annexure-A and a letter dated 25.05.2026 at Annexure-B has been issued to the petitioner calling upon the petitioner to remove the plants, crops and fencing without passing any orders on the reply reply submitted by the petitioner on 10.10.2025 to the earlier show-cause notice which had been issued.
3. Sri.B.R.Prashanth., learned counsel for respondent No.4 on enquiry submits that no order has been passed on Annexure-D, but given 30 days’ time necessary orders would be passed.
- 4 -
HC-KAR
CNR: KAHC010387562026 NC: 2026:KHC:47544 WP No. 17605 of 2026
4. In view of the fact that in respect to the earlier show- cause notice, orders have not been passed. The question of issuance of a fresh show-cause notice would not arisen. Hence, this Court passes the following;
ORDER i. The writ petition is allowed. ii. A certiorari is issued, show-cause notice bearing No.Sa.Ka.Eng/No.4 Kr.Ra.Sagara.U.Vi/Sa.Eng- 3/Nale Ottuvari/2026-27/76-80 dated 14.05.2026 issued by respondent No.4 at Annexure-A is quashed. iii. A certiorari is issued, letter bearing No.Sa.Ka.Eng/No.4.Kr.Ra.Sagara.U.Vi/Sa.Eng- 3/Nale Ottuvari Bagge/2026-27/96 dated 25.05.2026 issued by respondent No.4 at Annexure-B is quashed. iv. Respondents are at liberty to pass necessary orders on the earlier show-cause notice, considering the reply submitted by the
- 5 -
HC-KAR
CNR: KAHC010387562026 NC: 2026:KHC:47544 WP No. 17605 of 2026
petitioner within a period of 30 days from the date of receipt of copy of this order. v. Needless to say, till such orders are passed, respondents are restrained from taking any coercive steps against the petitioner.
Sd/- (SURAJ GOVINDARAJ) JUDGE
SR List No.: 1 Sl No.: 61