- 1 - HC-KAR NC: 2026:KHC:3532 WP No. 39802 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 39802 OF 2025 (KLR-RES) BETWEEN: SUDHIR P S/O LATE K. PARTHASARATHY GUPTA, AGED ABOUT 54 YEARS R/A RAMANAGARA TALUK - 562 159. RAMANAGARA DISTRICT, KARNATAKA. …PETITIONER (BY SRI. B.R. SHARATH GOWDA, ADVOCATE FOR SRI. RANGA SWAMY B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ITS CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, RAMANAGARA DISTRICT/ BENGALURU SOUTH DISTRICT B.M. ROAD, RAMANAGARA - 562 159. 3. THE TAHSILDAR, RAMANAGARA TALUK, RAMANAGARA DISTRICT, RAMANAGARA - 562 159. …RESPONDENTS (BY SRI. SESHU V, HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3532 WP No. 39802 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.3 (TAHSILDAR) AND ALL OTHER NECESSARY PARTIES TO REFRAIN FROM ACTING UPON OR IMPLEMENTING THE NOTICE DATED NOTICE DATED 24.11.2025, BEARING NO. NCR/CR/2023-24 (1234282-498107) VIDE ANNEXURE-A, WHICH FALSELY ALLEGES ENCROACHMENT ON THE VILLAGE TANK BED AREA OF BOLAPPANAHALLI AMANIKERE 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. The petitioner is aggrieved of the impugned notice at Annexure-A dated 24.11.2025 issued by the Tahsildar, Ramanagara Taluk. Learned counsel for the petitioner submits that though the impugned notice is styled as a notice, it is nothing but an order passed by the Tahsildar directing the petitioner to evict himself from the encroached portion of Sy.No.46 of Bodapanahalli, Sy.Nos.23 of Amanikere Village, Kasaba Hobli, Ramanagara Taluk. Learned counsel submits that - 3 - HC-KAR NC: 2026:KHC:3532 WP No. 39802 of 2025 the Tasildar has unilaterally taken a decision that the petitioner has encroached upon a portion of the tank bed area in Sy.No.23. However, it is the contention of the petitioner that he is the absolute owner of 3 acres 13 guntas in Sy.No.12 and 2 acres 17 guntas in Sy.No.23, totally measuring 5 acres 30 guntas. The attention of this Court is also drawn to Annexures- M1 and M2 which are the RTCs for the year 2022-2023 and 2024-2025 reflecting the name of the petitioner to the said extent of land which is purchased by the petitioner. Learned counsel submits that the petitioner has not encroached upon any portion of the land which is not belonging to him. Learned HCGP submits on instructions that a survey report shows that the petitioner has encroached upon the tank bed area. However, it is not clear whether the survey was done in the presence of the petitioner. 3. In that view of the matter, the writ petition stands disposed of with a direction to the petitioner as well as the Tahsildar to treat the impugned notice at Annexure-A as a show cause notice. The petitioner shall give a reply to the notice, if not already given, along with the requisite documents. The - 4 - HC-KAR NC: 2026:KHC:3532 WP No. 39802 of 2025 Tahsildar shall conduct a survey in the presence of the petitioner and if it is found that there is encroachment at the hands of the petitioner. The Tahsildar shall call upon the petitioner with relevant information as to the extent of land encroached by the petitioner and give sufficient time to clear the encroachment. The Tahsildar shall accordingly proceed only in accordance with law. Needless to observe that till a final decision is taken by the Tahsildar, the matter shall not be precipitated in terms of Annexure-A notice. 4. The Tahsildar shall endeavour to have the survey conducted and the petitioner is directed to be present at the spot on 16.02.2026 at 11.00 a.m., to enable the Tahsildar to conduct the survey. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 5