- 1 - HC-KAR CNR: KAHC010021642025 NC: 2026:KHC:49647 WP NO.1303 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.1303 OF 2025 (KLR-RES) BETWEEN: KRISHNA KULALA S/O LATE BOMMU HANDA, AGED ABOUT 54 YEARS, 1-58, GUDDE ANGADI, KESKAR JEDDU, SHEDIMANE POST, HEBRI TALUK, UDUPI DISTRICT – 576 212. …PETITIONER (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER KUNDAPURA SUB-DIVISION, KUNDAPURA, UDUPI DISTRICT – 576 201. 2. THE TAHSILDAR HEBRI TALUK, HEBRI, UDUPI DISTRICT - 576 112. 3. THE REVENUE INSPECTOR HEBRI, UDUPI DISTRICT - 576 112. 4. SMT. SUMAVATHI HANDTHI D/O SHIVA HANDA, AGED ABOUT 60 YEARS, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010021642025 NC: 2026:KHC:49647 WP NO.1303 OF 2025 R/AT KESGERJADDU POST, SHEDIMANE VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 212. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R3; SRI. AJITH A. SHETTY, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE BEARING NO.N.C.R/C.R/15/2024E101460 DATED 17TH DECEMBER, 2024 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-E; 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, the petitioner is challenging the Notice bearing No.N.C.R/C.R/15/2024E101460 dated 17th December, 2024 (Annexure-E) issued by the respondent No.2. 2. Heard Sri. Chandranath Ariga K., learned counsel appearing for the petitioner; Sri. Aditya Diwakara, learned Additional Government Advocate appearing for - 3 - HC-KAR CNR: KAHC010021642025 NC: 2026:KHC:49647 WP NO.1303 OF 2025 respondents 1 to 3; and Sri. Ajith A. Shetty, learned counsel appearing for the respondent No.4. 3. Having heard the learned counsel appearing for the parties, on perusal of the impugned notice issued by the respondent No.2, it is forthcoming that the petitioner has encroached the Road. However, on perusal of the averments made in the writ petition, it is forthcoming that the respondent-Authorities have not conducted the spot inspection and survey in presence of the petitioner before issuing notice. In that view of the matter, without expressing any opinion on merits of the case, the respondent No.2 is directed to conduct the spot inspection and survey along with the jurisdictional Assistant Director of Land Records in the presence of the petitioner and the respondent No.4 and thereafter, take decision in the matter as to whether the petitioner has encroached the road or not. Accordingly, the respondent No.2 is directed to conduct spot inspection and survey of the subject land - 4 - HC-KAR CNR: KAHC010021642025 NC: 2026:KHC:49647 WP NO.1303 OF 2025 on 15th October, 2026 at 11.00 am and thereafter take decision against the petitioner. 4. It is made clear that, till the conclusion of the entire process of spot inspection and survey, the respondent-Authorities shall not take any coercive steps against the petitioner. Accordingly, writ petition is disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 15