- 1 - HC-KAR NC: 2026:KHC:296 WP No. 38744 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 38744 OF 2025 (KLR-RR/SUR) BETWEEN: SMT H R JAYANTHI W/O LATE A K SHASHIDHAR, AGED ABOUT 72 YEARS, R/AT AVATHI VILLAGE, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT-577101 …PETITIONER (BY SRI. H V PRAVEEN GOWDA., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001 REP. BY ITS CHIEF SECRETARY 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU-577101 3. THE THASILDHAR CHIKKAMAGALURU TALUK, CHIKKAMAGALURU-577101 …RESPONDENTS (BY SRI. SHAMANTH NAIK., HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE NOTICE Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:296 WP No. 38744 of 2025 BEARING NO. TAHCKM-ADMNODCB/119/2025(E-770002)/2025 DATED 22.04.2025 AT ANNEXURE A, ISSUED BY RESPONDENT NO.3 TAHSILDAR, CHIKKAMAGALURU TALUK, ALLEGING ENCROACHMENT OF 01 ACRE 05 GUNTAS IN SY. NO.166, AVATHI VILLAGE, AVATHI HOBLI, CHIKKAMAGALURU TALUK IN SO FOR AS THE PETITONER IS CONCERNED 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 22.04.2025, whereby the Tahsildar, Chikkamagaluru Taluk, has held that the petitioner has encroached upon 1.05 acres of land in Sy. No.166, Avathi Village, Avathi Hobli, Chikkamagaluru Taluk, which belongs to the Panchayath and accordingly, the Tahsildar has directed the petitioner to evict herself from the unauthorised occupation within a period of three days from the date of receipt of the notice. - 3 - HC-KAR NC: 2026:KHC:296 WP No. 38744 of 2025 3. Learned Counsel for the petitioner submits that though the impugned notice at Annexure ‘A’ is styled as a notice, it is clear that the Tahsildar has already decided the matter without giving an opportunity of hearing to the petitioner. 4. Learned High Court Government Pleader submits that the impugned notice which is issued by the Tahsildar can be questioned before the Assistant Commissioner and the petitioner could not have approached this Court by filing a writ petition. Moreover, the notice is dated 22.04.2025 and it is not clear as to whether the petitioner has already been evicted from the unauthorised occupation. 5. Having regard to the submissions of the learned counsel for the petitioner and the learned HCGP and on perusing the petition papers, this Court is of the considered opinion that the Tahsildar, Chikkamagaluru Taluk, was required to give sufficient opportunity of hearing to the petitioner before proceeding in accordance - 4 - HC-KAR NC: 2026:KHC:296 WP No. 38744 of 2025 with law to evict the petitioner, if she was in unauthorised occupation of public property. 6. In that view of the matter, the petition stands disposed of with a direction to the Tahsildar, Chikkamagaluru Taluk, to consider the reply given by the petitioner at Annexure ‘B1’ dated 18.11.2025 before proceeding to act to remove unauthorised encroachments, not only of the petitioner but all the other persons who are named in the notice. 7. Accordingly, the respondent-Tahsildar is directed to consider the reply given by the petitioner at Annexure ‘B1’, afford sufficient opportunity of hearing to the petitioner and thereafter proceed only in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE JT/- CT:JL