- 1 - HC-KAR NC: 2026:KHC:763 WP No. 106 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 106 OF 2026 (GM-RES) BETWEEN: MARK GONSALVES S/O. MATHEW GONSALVES AGED ABOUT 67 YEARS, KUGANAHALLI ESTATE MARKAL VILLAGE, BALURU HOBLI, MUDIGERE TALUK, CHICKMAGALURU DIST-577122 ALSO, R/AT LITTLE COTE STURROCK ROAD, FALNIR, MANGALORE, DAKSHINA KANNADA-575001 …PETITIONER (BY SRI. RONALD D S.A., ADVOCATE) AND: 1. THE TAHSILDAR MUDIGERE TALUK, CHICKAMAGALURU DISTRICT- 577132 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:763 WP No. 106 of 2026 2. THE REVENUE INSPECTOR, BALURU HOBLI, MUDIGERE TALUK, CHICKAMAGALURU DISTRICT-577122 BOTH ARE REP BY HIGH COURT GOVERNMENT PLEADER, OFFICE AT OPPOSITE, VIDHANA SOUDHA, HIGH COURT BUILLDING-560001 …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH AND SET ASIDE THE IMPUGNED ORDER (THILUVALIKE PATRA) BEARING NO. MAG(E) CR/03/25-26 DATED 30.10.2025 PASSED BY R1 (TAHSILDAR MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT), PRESENT AT ANNX- A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2026:KHC:763 WP No. 106 of 2026 ORAL ORDER The petitioner asserts ownership of the land in Sy.No.10 of Markal Village, Balur Hobli, Mudigere Taluk, Chikkamagaluru [the subject property], and the petitioner is aggrieved by the first respondent's order dated 30.10.2025. The first respondent has called upon the petitioner to remove a construction purportedly put up by him obstructing the natural flow of water in the subject property. The first respondent in issuing this order, which is styled as an intimation letter in the vernacular, has referred to the communication by the Office of the Karnataka State Human Rights Commission and the Office of the Karnataka Upa-Lokayuktha and an alleged Report. Mr. Ronald D'sa, the learned counsel for the petitioner, and Mr. Siddharth Baburao, the learned Additional Government Advocate who is called upon to accept notice of the respondents, are heard on - 4 - HC-KAR NC: 2026:KHC:763 WP No. 106 of 2026 whether this Court must interfere with the first respondent's order dated 30.10.2025 on the ground that it is without due opportunity to the petitioner. Mr. Siddharth Baburao proposes to rely upon the Report dated 16.09.2025 furnished by the office of the Revenue Inspector, Balur Hobli, Mudigere Taluk, but the learned Additional Government Advocate cannot contest the petitioner's essential case that this Order, though styled as an intimation letter, requires the petitioner to remove a water tank without opportunity being extended. This Court is of the considered view that it would be salient that the petitioner must be heard before orders are issued lest there be violation of the proposition that no person is to be condemned unheard. Therefore, this Court intervenes in this petition to read down the first respondents 'Order' as a 'Show Cause Notice' to the petitioner with liberty to the petitioner to file his response within two [2] weeks - 5 - HC-KAR NC: 2026:KHC:763 WP No. 106 of 2026 from today without waiting for a certified copy of this order calling upon the first respondent to consider such reply in accordance with law and by a reasoned order. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE RB