- 1 - HC-KAR NC: 2026:KHC:4240 WP No. 1926 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 1926 OF 2026 (KLR-RR/SUR) BETWEEN: SRI RAJKUMAR SIPANI S/O SOHANLAL SIPANI AGED ABOUT 76 YEARS MANAGING DIRECTOR, M/S SIPANI FIBRES LIMITED, REGD. OFFICE AT NO. 309, RAHEJA ARCADE, KORAMANGALA, BENGALURU 560 034. BENGALURU SOUTH, R/A NO. 330, 8TH MAIN, 4TH BLOCK, KORAMANGALA, BENGALURU 560 034. …PETITIONER (BY SRI. L VENKATARAMA REDDY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS SECRETARY VIDHANA SOUDHA DR AMBEDKAR RD, SAMPANGI RAMA NAGARA, BENGALURU, KARNATAKA 560001. 2. THE DEPUTY COMMISSIONER KOLAR, KOLAR DISTRICT - 563 101. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4240 WP No. 1926 of 2026 3. THE TAHSILDHAR TALUK OFFICE, KOLAR, KOLAR DISTRICT - 563 101. 4. THE REVENUE INSPECTOR NARSAPURA HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 133. …RESPONDENTS (BY SRI. SESHU.V., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 05-01-2026 VIDE NO. N C R/C R/ 14/2021-22 ISSUED BY THE 3RD RESPONDENT AS PER ANNEXURE – K AND DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONERS REQUEST DATED 03-12-2025 AS PER ANNEXURE-H AND RELOCATE THE TRENCH ON SY. NO. 120/1 MEASURING 1 GUNTA AND SY. NO. 120/2 MEASURING 1 GUNTA SITUATED AT KHAJI KALLAHALLI VILLAGE NARASAPURA HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 133, AS PER ANNEXURE –J AND ETC. 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 High Court Government Pleader takes notice for all the respondents. 2. Learned Counsel for the petitioner submits that the petitioner is a Company which has set up an industry on the lands in question viz., Sy.No.120/1 measuring 18 - 3 - HC-KAR NC: 2026:KHC:4240 WP No. 1926 of 2026 Guntas, Sy.No.120/2 measuring 17 Guntas, Sy.No.121/4 measuring 16 Guntas, Sy.No.121/5 measuring 31 Guntas, and Sy.No.6/3 measuring 1 Acre 8 Guntas, all situated at Khajikallahalli Village, Narasapura Hobli, Kolar Taluk and District. It is not disputed that the petitioner is the owner of the lands in question. The petitioner has got the lands converted for industrial purpose and has set up the industry. The petitioner is however aggrieved of the impugned notice at Annexure-K dated 05.01.2026 issued by the Tahsildar, Kolar Taluk, calling upon the petitioner to clear the encroachment said to have been made in Sy.Nos.97, 98, 12 and 121. Learned Counsel submits that it is clear from the impugned notice that no details are given as to when, where and to what extent the encroachments are alleged against the petitioner. 3. However, learned High Court Government Pleader points out to Annexure-J, which is a sketch annexed to the writ petition. The sketch is annexed to the communication made by the petitioner to the Deputy Commissioner at - 4 - HC-KAR NC: 2026:KHC:4240 WP No. 1926 of 2026 Annexure-H, dated 03.12.2025, which clearly shows the dotted lines in Sy.Nos.120, 121 and 122. 4. Learned Counsel for the petitioner submits that the sketch is not prepared by the petitioner. It is the sketch furnished by the Tahsildar accepting the reasons made by the petitioner to divert the road/oni/rajakaluve. Learned Counsel for the petitioner submits that there are provisions in the Karnataka Land Revenue Act, 1964 to seek diversion of kaludari/oni/rajakaluve without affecting the interest of the general public. Therefore, when the petitioner has made certain requisition to divert the same and it has been accepted by the Tahsildar, there was no need for the Tahsildar to have issued the issued impugned notice before considering the request made by the petitioner to divert the same. 5. In view of the contentions raised by the petitioner, this writ petition stands in disposed of with a direction to the 3rd respondent-Tahsildar, Kolar Taluk to consider the request said to have been made by the - 5 - HC-KAR NC: 2026:KHC:4240 WP No. 1926 of 2026 petitioner to divert the oni/rajakaluve as permissible under the provisions of the Karnataka Land Revenue Act. It is made clear that without considering the interest request of the petitioner, the Tahsildar cannot issue such a notice calling upon the petitioner to evict himself from the portion of the lands in question. Consequently, the impugned notice at Annexure-K dated 05.01.2026 is hereby quashed and set aside, insofar as it relates to the petitioner. The Tahsildar shall first consider the representation given by the petitioner to divert the oni/rajakaluve, if it is permissible in law. It is only thereafter that the action is required to be taken, if it is found that the request made by the petitioner cannot be considered. The complete details of the encroachment, if any, is also required to be given and such a general notice without giving details cannot be issued by the Tahsildar, who is also required to consider whether he is the competent authority to issue such a notice. - 6 - HC-KAR NC: 2026:KHC:4240 WP No. 1926 of 2026 6. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL