- 1 - HC-KAR CNR: KAHC010612342026 NC: 2026:KHC:47312 WP No. 27440 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27440 OF 2026 (KLR-RES) BETWEEN: 1. SRI. N. RAVICHANDRA LATE M.N. NARAYANAPPA, AGED ABOUT 59 YEARS, R/AT MUTHUKUR VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562114. 2. SRI. M. JAGADISH, S/O. MUNIRAJU, AGED ABOUT 48 YEARS, R/AT NO.9, MANJU SHREE VILLA, 5TH CROSS, N.A.L. ROAD, MURUGESH PALYA, BENGALURU - 560 017. …PETITIONERS (BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. KARTHIK V., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010612342026 NC: 2026:KHC:47312 WP No. 27440 of 2026 AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BENGALURU - 560 001. 3. THE TAHSILDAR, HOSAKOTE TALUK, TALUK ADMINISTRATIVE COMPLEX, HOSAKOTE, BENGALURU RURAL DISTRICT - 562 114. 4. THE REVENUE INSPECTOR, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 5. THE TALUK SURVEYOR, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. 6. THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR), HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 114. - 3 - HC-KAR CNR: KAHC010612342026 NC: 2026:KHC:47312 WP No. 27440 of 2026 7. THE INSPECTOR OF POLICE, ANUGONDANAHALLI POLICE STATION, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT-562114. …RESPONDENTS (BY SRI. SRI. SPOORTHY HEGDE N., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED MEMORANDUM BEARING NO. THHSK- LNDENCR/285/2022-23 DATED 28.08.2026 ISSUED BY RESPONDENT NO.3 - TAHSILDAR, HOSAKOTE TALUK. (ANNEXURE-A); AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. The petitioners herein are assailing the Memorandum bearing No. THHSK-LNDENCR/285/2022-23 dated 28.08.2026(Annexure-A) issued by respondent No.3. 2. Sri. Bipin Hegde, learned counsel appearing on behalf of Sri. Karthik V., learned counsel for the petitioners submitted - 4 - HC-KAR CNR: KAHC010612342026 NC: 2026:KHC:47312 WP No. 27440 of 2026 that the petitioners have not encroached any land in the kaludari which is claimed as per the Village Map by the respondent - authorities and in this regard, learned counsel referred to the Notice dated 13.08.2026 (Annexure-P) and contended that the petitioners have filed reply dated 27.08.2026 as per Annexures- Q and R to the Writ Petition and the same have not been considered by the respondent- authorities and as such the impugned Memorandum at Annexure-A has been passed and accordingly sought for interference of this Court. 3. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondents sought to justify the impugned order stating that the existence of the kaludari in the Village Map is reflected and therefore, as the petitioners have encroached the kaludari, accordingly sought for dismissal of the Writ Petition. 4. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the notice dated 13.08.2026 (Annexure-P), wherein - 5 - HC-KAR CNR: KAHC010612342026 NC: 2026:KHC:47312 WP No. 27440 of 2026 respondent No.3 has issued the notice calling upon the petitioners to file reply as to removal of encroachment made on the 'kaludari' in respect of which the petitioners have made the reply as per dated 27.08.2026 as per Annexures- Q and R respectively. 5. In the backdrop of these aspects, wherein the respondent No.3 has issued the impugned Memorandum dated 28.08.2026 as per Annexure-A, placing reliance on the Village Map, however, there is no material showing conducting spot inspection and survey by respondent No.3. In this regard, on careful consideration of the Annexures - G, H & J, wherein report has been filed as to conducting survey, however, no notice has been issued to the petitioners. In that view of the matter, I find force in the submissions made by the learned counsel appearing for the petitioners. 6. Accordingly, I pass the following: ORDER (i) Writ Petition is allowed. - 6 - HC-KAR CNR: KAHC010612342026 NC: 2026:KHC:47312 WP No. 27440 of 2026 (ii) The Memorandum bearing No. THHSK- LNDENCR/285/2022-23 dated 28.08.2026(Annexure-A) issued by respondent No.3 is hereby set aside. (iii) The respondent No.3 is directed to conduct spot inspection and survey with the assistance of the jurisdictional Assistant Director of Land Records on 07.10.2026 at 11.00 a.m. and thereafter take decision in the matter by ascertaining as to whether the petitioners have encroached the kaludari or not. (iv) Till the conclusion of the entire proceedings respondents are restrained from interfering with the scheduled property belonging to the petitioners. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 4