- 1 - HC-KAR NC: 2026:KHC:3758 WP No. 39068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 39068 OF 2025 (KLR-RES) BETWEEN: 1. SRI. S.T.SHIVANANDA S/O THIPPESWAMY, AGED ABOUT 52 YEARS, 2. SMT. THIPPAMMA W/O DODDASHEELAM, AGED ABOUT 75 YEARS, 3. SMT. K R DEEPA W/O S T MAHINDANATH, AGED ABOUT 36 YEARS, 4. SRI S T MAHINDRANATH S/O S E THIPPESWAMY, AGED ABOUT 42 YEARS, 5. SRI T NIRANJANMURTHY S/O D S THIPPERUDRAPPA, AGED ABOUT 55 YEARS, 6. SRI S T MANJUNATHA S/O THIPPESWAMY, AGED ABOUT 62 YEARS, ALL ARE RESIDENTS OF CHIKKAGONDANAHALLI VILLAGE, TURUVANURU HOBLI, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:3758 WP No. 39068 of 2025 CHITRADURGA TALUK, CHITRADURGA – 577 502. …PETITIONERS (BY MS. THANIMA BEKAL FOR SRI. PRUTHVEEN PRALHAD KATTIMANI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001 REPRESENTED BY ITS CHIEF SECRETARY 2. THE THASILDAR THASILDAR OFFICE, CHITRADURGA TALUK, CHITRADURGA – 577 501. 3. THE DISTRICT COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, ONAKE OBAVVA CIRCLE, CHITRADURGA - 577 501 4. N.R.MANJUNATH S/O RUDRAPPA, R/O CHIKKAGONDANAHALLI VILLAGE, TURUVANURU HOBLI, CHITRADURGA TALUK, CHITRADURGA – 577 502. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3; SRI. S.M.SHIVABEERAIAH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO - QUASH ANNX-A BEARING NO.NCRCR-21/202-2 DATED 27.11.2025 ISSUED BY THE R2 THASILDAR.DIRECT THE R3 - 3 - HC-KAR NC: 2026:KHC:3758 WP No. 39068 of 2025 DEPUTY COMMISSIONER TO CONSIDER ANNX-D DATED 18.08.2023 AND ANNX-E DATED 10.12.2025 IN ACCORDANCE WITH LAW AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Sri S.M. Shivabeeraiah, learned Counsel undertakes to appear for respondent No.4. 2. The grievance of the petitioners is that despite the observations of this Court in W.P.No.13753/2023 dated 08.09.2025 that the remedy for the private respondent No.4 is to prosecute the matter before the Deputy Commissioner and the Tahsildar’s jurisdiction to remove the encroachments cannot be sustained, the Tahsildar has once again issued the impugned notice at Annexure ‘A’. However, this time the Tahsildar only refers to a direction said to have been issued by the Deputy Commissioner in reference No.2. Learned Counsel submits that such a - 4 - HC-KAR NC: 2026:KHC:3758 WP No. 39068 of 2025 power vested with the Deputy Commissioner cannot be delegated to the Tahsildar. 3. Accepting the submission made by the learned Counsel for the petitioner, the writ petition is allowed while setting aside the impugned notice at Annexure ‘A’ issued by the Tahsildar, Chitradurga Taluk. 4. It is made clear that if powers are vested with the Deputy Commissioner to take action, it is the Deputy Commissioner alone who can take action and such powers cannot be delegated to the Tahsildar. Sd/- (R DEVDAS) JUDGE JT/- CT:JL