- 1 - HC-KAR NC: 2026:KHC:2362 WP No. 919 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 919 OF 2026 (KLR-RES) BETWEEN: SHANKARA NARAYANA GOWDA S/O. APPE GOWDA, AGED ABOUT 81 YEARS, R/AT. NO. 349, 2ND CROSS, GOVERNMENT SCHOOL ROAD, KAMALANAGAR, BANGALORE NORTH, BASAVESHWARANAGAR, BANGALORE -560079. …PETITIONER (BY SRI. THUSHANATH C V., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA BANGALORE - 560001 REP. BY PRINCIPAL SECRETARY 2. THE THASILDAR NELAMANGALA TALUK, NELAMANGALA - 562123 BANGALORE RURAL …RESPONDENTS (BY SRI. K.P.YOGANNA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2362 WP No. 919 of 2026 EVICTION NOTICE DATED 18.12.2025 BEARING 149A, RULE UNDER FORM-47 IN NO. LNDSONCR/217/2025, AT ANNEXURE - A ISSUED BY THE 2ND RESPONDENT AND GRANT AN INTERIM PRAYER TO STAY THE OPERATION AND EXECUTION OF THE IMPUGNED EVICTION NOTICE DATED 18.12.2025 IN FORM-47 UNDER RULE 149A, BEARING NO. LNDSONCR/217/2025, AT ANNEXURE A ISSUED BY THE RESPONDENT NO. 2 IN SO FAR AS THE PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned counsel for the petitioner submits that although Annexure-A is styled as notice issued by the Tahsildar, Nelamangala Taluk, nevertheless it is clear from a plain reading of the notice that the Tahsildar has concluded unilaterally that the petitioner has unauthorized encroached upon 1 and ¾ guntas of government land in Sy.No.1/4 of (colony area) without affording an opportunity of hearing to the petitioner and the Tahsildar has directed the petitioner to evict himself within a period - 3 - HC-KAR NC: 2026:KHC:2362 WP No. 919 of 2026 of 7 days from the date of receipt of the notice. Learned counsel submits that the impugned order issued by the Tahsildar is required to be set aside on the ground of violation of principles of natural justice. 2. At this stage learned Additional Government Advocate submits that Annexure-A should be treated as a show cause notice to enable the petitioner to give a reply and submit necessary documents which shall be considered by the Tahsildar. 3. Learned counsel for the petitioner submits that at Annexure- B is the reply given by the petitioner on 23.12.2025 along with necessary documents. 4. In that view of the matter, the writ petition stands disposed of with a specific direction to the 2nd respondent –Tahsildar, Nelamangala Taluk, to consider the representation given by the petitioner at Annexure-B, affording an opportunity of hearing to the petitioner and thereafter proceed only in accordance with law. - 4 - HC-KAR NC: 2026:KHC:2362 WP No. 919 of 2026 5. Needless to observe that till a final decision is taken by the Tahsildar, no precipitative action shall be taken against the petitioner in pursuance of the impugned notice. Sd/- (R DEVDAS) JUDGE KLY CT: JL