- 1 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 7TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 109847 OF 2014 (KLR-RES) BETWEEN: 1. SHANKRAVVA W/O. NIJAPPA BAGAVATI AGE: 28 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 2. TARABAI W/O. BEDDAPPA LAMANI AGE: 37 YEARS, OCC: HOUSEHOLD, R/O. NAYANEGALI, TQ: BAGALKOT, DIST: BAGALKOT. 3. SAROJABAI W/O. SEETHARAM RATHOD AGE: 38 YEARS, OCC: HOUSEHOLD, R/O. NAYANEGALI, TQ: BAGALKOT, DIST: BAGALKOT. 4. BASAPPA RAYAPPA BIRADAR AGE: 37 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 5. RAMANNA DYAMANNA GANI AGE: 37 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 6. DYANAPPA SANGAPPA BIRADAR AGE: 40 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 7. NINGAPPA HANAMAPPA MATTIHAL AGE: 48 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.01.23 16:02:14 +0530 - 2 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 8. SHANTAVVA W/O. NINGAPPA MANAGUR AGE: 37 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 9. IRAPPA HANUMANTHA CHAVAN AGE: 40 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 10. TOPANNA HAJAPPA RATHOD AGE: 48 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 11. PARASHURAM SANGAPPA RATHOD AGE: 37 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 12. MUTHAVVA W/O. RAMESH CHAVAN AGE: 37 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 13. PRABHAKAR TOPPANNA RATHOD AGE: 45 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 14. KAMALLAVVA W/O. SHANKRAPPA KAMALAPPANAVAR, AGE: 47 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 15. SEETHABAI W/O. BAVASINGH LAMANI AGE: 50 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. - 3 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 16. TARABAI W/O. SHEKHAPPA LAMANI AGE: 35 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 17. KANTEPPA S/O. VALAPPA CHAVAN AGE: 45 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 18. SHAKUNTALA W/O. SHIVANAND ALUR AGE: 40 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 19. DEVENDRAPPA S/O. CHANDRAMAPPA NAIKAR AGE: 50 YEARS, OCC: AGRICULTURE, R R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 20. KASHAVVA S. LAMANI AGE: 45 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 21. SHANTHAVVA S. LAMANI AGE: 45 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 22. MANGALLAPPA LIMBANNA LAMANI AGE: 38 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 23. RENUKA KRISHNA LAMANI AGE: 30 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 24. RENEWWA W/O. KARIYAPPA ALAGUNDI AGE: 45 YEARS, OCC: HOUSEHOLD, - 4 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 25. NEELAPPA SANGAPPA RATHOD AGE: 50 YEARS, OCC: AGRICULTURE, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. 26. LAXMIBAI PARASHURAM RATHOD AGE: 39 YEARS, OCC: HOUSEHOLD, R/O. NAGARAL, TQ: BAGALKOT, DIST: BAGALKOT. …PETITIONERS (BY SRI. ANAND R.KOLLI, ADVOCATE) AND: 1. THE TAHSILDAR TQ: BAGALKOT, DIST: BAGALKOT. 2. THE SECRETARY GRAM PANCHAYAT, NAGARAL. …RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA FOR R1; NOTICE TO R2 IS SERVED) --- THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE/COMMUNICATION DATED 20.09.2014 ISSUED BY THE RESPONDENT NO.1 AUTHORITY BEARING NO. £ÀA./J¯ï.J£ï.r/JA/¹DgÀæ-2014-15 IN RESPECT OF THE PETITIONER NO.1 TO 18 AND THE SAME IS MARKED AS ANNEXURE A, A1, A2, A3, A4, A5, A6, A7, A8, A9, A10, A11, A12, A13, A14, A15, A16, A17, A18, RESPECTIVELY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MRS JUSTICE K.S.HEMALEKHA - 5 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 ORAL ORDER 1. The petitioners, residents of Nayanegali and Nagaral Villages of Bagalkot Taluk, have approached this Court calling in question the impugned notice/ communication dated 20.09.2014, issued by the Tahsildar, Bagalkot, alleging unauthorised occupation of the government land and proposing consequential action under the provisions of the Karnataka Land Revenue Act, 1964 (‘the KLR Act’ for short). 2. Brief facts: 2.1. The petitioners claim to be in occupation of their residential houses for more than 15–20 years, belonging to economically weaker sections. 2.2. According to the petitioners, several houses were constructed under Ashraya Yojane, with the knowledge and permission of the local Grama Panchayat, and house numbers were assigned. - 6 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 2.3. It is stated that they have been paying taxes and cess regularly and that basic civic amenities were extended by the authorities. 2.4. Further, Tahsildar issued the impugned notice alleging that the petitioners had encroached upon Survey No.147 of Nayanegali Village and Survey No.69 of Nagaral Village, stated to be government “Gairan” (grazing) lands. 2.5. Apprehending demolition and coercion, the petitioners have approached this Court. 3. Contention of the petitioners: 3.1. Learned counsel for the petitioners submits that the impugned notice is without jurisdiction and contrary to the scheme of the KLR Act. 3.2. The Gairan lands cannot be treated as ordinary government lands for summary eviction. 3.3. The petitioners were not afforded a meaningful opportunity of hearing, and the long-standing possession coupled with official recognition, such - 7 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 as house numbers and payment of taxes, disentitles the respondents from taking coercive action without due process. 4. Contention of respondents: 4.1. Per contra, learned AGA appearing for the respondents submits that the land in question are Muffat Gairan lands reserved for cattle grazing, belonging to the government. The petitioners are unauthorised encroachers without any valid allotment orders. 4.2. Further, that the authority has followed the procedure contemplated under Section 192-A of the KLR Act, including issuance of notices and spot inspection. 4.3. It is also submitted that the impugned action is in compliance with the directions issued by this Court in earlier proceedings relating to removal of encroachments on government land. - 8 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 5. This Court has carefully considered the contentions urged and perused the material on record. 6. The impugned communication issued by the Tahsildar is not a final order of eviction. The notice discloses an intention to initiate proceedings and therefore partakes of the character of a show-cause notice. 7. At this stage, adjudication on disputed questions of fact such as; i. the nature of land, ii. existence of allotment under Ashraya Yojana, and, iii. legality of occupation, would be premature in this writ jurisdiction. However, the principles of natural justice require that the petitioners be afforded an opportunity to submit their objections, which must be considered by the competent authority. 8. Accordingly, the following order: - 9 - HC-KAR NC: 2026:KHC-D:134 WP No. 109847 of 2014 ORDER i. The writ petition is allowed in part. ii. The impugned notice/communication dated 20.09.2014 issued by respondent No.1 shall be treated as a show-cause notice. iii. The petitioners are at liberty to file their objections within two weeks from the date of receipt of a copy of this order. iv. Upon filing of such objections, respondent No.1 shall consider the same and pass appropriate orders in accordance with law within eight weeks thereafter. v. Till such consideration and passing of final orders, no coercive steps shall be taken against the petitioners. Sd/- JUSTICE K.S.HEMALEKHA gab/CT:VH List No.: 1 Sl No.: 46