- 1 - HC-KAR CNR: KAHC010318152023 NC: 2026:KHC:48649 WP NO.13470 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.13470 OF 2023 (KLR-RES) BETWEEN: 1. SMT. MANGAMMA W/O RAJANNA, D/O LATE NARSIMHAPPA, AGED ABOUT 56 YEARS, R/O KAVALGIRIYANAHALLI VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT- 560 031. 2. SRI. SRINIVAS S/O LATE NARASIMHAPPA, AGED ABOUT 53 YEARS, R/O KAVALGIRIYANAHALLI VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT - 560 031. …PETITIONERS (BY SRI. NISAR SAB, ADVOCATE ALONG WITH SRI. SYED MOHAMMED IRBAZ, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY ITS SECRETARY, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR - 563 101. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010318152023 NC: 2026:KHC:48649 WP NO.13470 OF 2023 3. THE TAHASILDAR MALUR TALUK, KOLAR DISTRICT - 563 130. 4. THE REGIONAL JOINT DIRECTOR LAND RECORDS, BENGALURU DIVISION, K.R. CIRCLE, BENGALURU - 560 001. 5. THE ASSISTANT DIRECTOR LAND RECORDS, MALUR TALUK, MALUR KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO.N.C.R/C.R/ 37/2023-24 DATED 22ND MAY, 2023 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-L; DIRECT THE RESPONDENT NO.3 TO EFFECT THE PHODI OF THE PETITIONERS LAND BEARING SURVEY NO.73 SITUATED AT KAVALAGIRIYANAHALLI, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT; 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 In this petition, petitioners are challenging the Notice bearing No.N.C.R/C.R/37/2023-24 dated 22nd May, 2023 (Annexure-L) issued by the respondent No.3. - 3 - HC-KAR CNR: KAHC010318152023 NC: 2026:KHC:48649 WP NO.13470 OF 2023 2. Heard Sri. Nisar Sab and Sri. Syed Mohammed Irbaz, learned counsel appearing for the petitioner and Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondents. 3. Having heard the learned counsel appearing for the parties, on careful perusal of the impugned Notice dated 22nd May, 2023 (Annexure-L) issued by the respondent No.3, it is forthcoming that the petitioner has encroached the land belonging to the Government. In this regard, though the respondent-Authorities have issued the impugned notice to the petitioner, however, the spot inspection and survey of the land has not been conducted in the presence of the petitioner to arrive at a conclusion that the petitioner has encroached the Government Land. In that view of the matter, I am of the considered opinion that the respondents 3 and 5 shall conduct spot inspection and survey of the land in question in the presence of the petitioner before taking any action. Therefore, the impugned Notice dated 22nd May, 2023 (Annexure-L) issued by the respondent No.3 is hereby set-aside. Respondents 3 and 5 are directed to conduct spot inspection and survey of the - 4 - HC-KAR CNR: KAHC010318152023 NC: 2026:KHC:48649 WP NO.13470 OF 2023 land in question in the presence of the petitioner on 06th October, 2026 at 11.00 am. and thereafter, take decision in the matter in accordance with law. Accordingly, writ petition is disposed of. In view of disposal of the writ petition as observed above, application IA.1 of 2026 filed for amendment does not survive for consideration. Accordingly, IA.1 of 2026 stands disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 14