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2026 DAILYLAW 52228 (KAR)

NARASIMAPPA @ NARASIMIAH v. STATE OF KARNATAKA

WP/39087/2025 · 2026-02-05

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6932 WP No. 39087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 39087 OF 2025 (KLR-RES) BETWEEN: 1. NARASIMAPPA @ NARASIMIAH AGED ABOUT 65 YEARS, SON OF LATE. CHIKKAPPA, RESIDING AT KONDENAHALLI VILLAGE, CHANNARAYAPATTANNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 129. 2. M/S GANGA ENTERPRISES, A PARTNERSHIP FIRM, REGISTERED UNDER THE PARTNERSHIP ACT, 1932. HAVING ITS OFFICE AT NO. 148, GROUND FLOOR, GANGAVARA CHOWDAPPANA HALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL - 562129. REPRESENTED BY THE ITS PARTNERS NAMELY SRI. AMITH J, SRI. RAJANNA M AND SRI. SHARATH K. (PETITIONER NO.3, 4 AND 5) 3. SRI. AMITH J SON OF JAYARAMEGOWDA AGED AB4OUT 35 YEARS, 4. SRI. RAJANNA. M SON OF SRI. MUNIVENKATASWAMAPPA, AGED AB4OUT 50 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6932 WP No. 39087 of 2025 PETITIONER NO.3 AND 4 ARE RESIDING AT GANGAVARA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL - 562 129. 5. SRI. SHARATH K SON OF SRI. KENCHAPPA GOWDA AGED ABOUT 38 YEARS, RESIDING AT NO. 1/2, SHWETHA NILAYA, JAYANAGAR 1ST BLOCK, BENGALURU - 560 011. …PETITIONERS (BY SRI. SHASHANK SRIDHAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, D.R. AMBEDKAR VEEDI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT DISTRICT OFFICE COMPLEX BEERASANDRA, DEVANAHALLI - 562 110. 3. ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA, FIRST FLOOR, TALUK OFFICE, BENGALURU RURAL DISTRICT, KARNATAKA - 561 203. 4. THE TAHASILDAR DEVANAHALLI TALUK. DEVANAHALLI TALUK OFFICE, BENGALURU RURAL DISTRICT - 3 - HC-KAR NC: 2026:KHC:6932 WP No. 39087 of 2025 BENGALURU - 562 110. 5. THE DEPUTY TAHASILDAR, CHANDRAYAPATNA HOBLI, DEVANAHALLI TALUK - 562 110. 6. THE REVENUE INSPECTOR CHANDRAYAPATNA HOBLI, DEVANAHALLI TALUK - 562 110. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO. CH5603-LND094CC/2/2025 DTD. 18.12.2025 (SERVED ON 23.12.2025) ISSUED BY THE R-4 (ANNX-Q) TO THE PETITIONERS 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 The grievances of the petitioners are directed towards the impugned notice at Annexure-Q dated 20.12.2025 issued by the respondent-Tahsildar, Devanahalli Taluk, exercising powers under Section 104 of the Karnataka Land Revenue Act, 1964. In the impugned notice, it is stated that the petitioners have unauthorisedly occupied government gomal lands in Sy.No.28 (Udafe No.60) of Kotnatevaru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, and have - 4 - HC-KAR NC: 2026:KHC:6932 WP No. 39087 of 2025 established a bar and restaurant. Therefore, the petitioners are given four days' time to evict themselves from the lands in question. Learned counsel therefore submits that the Tahsildar has taken a unilateral decision that the petitioners have unauthorisedly occupied a portion of the government gomal lands, which is not correct. The petitioners are leaseholders in terms of the lease deed dated 27.01.2025 at Annexure-L. 2. At this juncture, the learned Additional Government Advocate submits on instructions that one Sri.Narasimhaiah @ Muniyappa, has been granted an extent of 10 x 8 meters of land and petitioner No.1 has violated the condition of the grant, which mandates that the property should be used only for dwelling purposes and not for commercial purposes. Moreover, the petitioners have encroached upon a portion of the land which was not granted to petitioner No.1. Therefore, the impugned notice has been issued in accordance with law. Nevertheless, the learned Additional Government Advocate submits that the impugned notice may be treated as a show cause notice to enable the petitioners to give a reply along with - 5 - HC-KAR NC: 2026:KHC:6932 WP No. 39087 of 2025 the requisite documents, and the Tahsildar may be directed to proceed in accordance with law. 3. Consequently, the writ petition stands disposed of, with a direction to the petitioners as well as respondent No.4- Tahsildar to treat the impugned notice at Annexure-Q as a show cause notice issued to the petitioners. The petitioners have already given a reply, therefore, the Tahsildar shall consider the reply given by the petitioners, afford an opportunity of hearing to the petitioners and if necessary, conduct a joint survey in the presence of the petitioners and thereafter proceed in accordance with law. 4. Needless to observe, till a final decision is taken by the Tahsildar, no precipitative action shall be taken against the petitioners. If the petitioners want to furnish additional information, they should be permitted to do so. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv, Sl No.: 20