- 1 - HC-KAR NC: 2026:KHC:9126 WP No. 1209 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 1209 OF 2026 (KLR-RES) BETWEEN: 1. SHRI. KONDAPPA S/O LATE VENKATAPPA, AGED ABOUT 47 YEARS OCC: DAILY LABOR, 2. SHRI. AJMATH S/O SATARSAB AGED ABOUT 52 YEARS OCC: DAILY LABOR, 3. SHRI.FAYAZ S/O HUSSAIN SAB AGED ABOUT 40 YEARS, OCC:DAILY LABOR, 4. SMT. KIRAN TAJ W/O NAYAZ. A AGED ABOUT 29 YEARS 5. SHRI. NAYAZ KHAN S/O AMEER KHAN AGED ABOUT 40 YEARS 6. SMT. PARVEEN W/O SYED NAZEER AGED ABOUT 46 YEARS 7. SMT. KHATHUN BI W/O SABAN SAB AGED ABOUT 78 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:9126 WP No. 1209 of 2026 8. SHRI. SYED AFSAR S/O SYED MUNAT AGED ABOUT 39 YEARS 9. SHRI. BALARAJ S/O VENKATESHAPPA AGED ABOUT 40 YEARS 10. SHRI. ABDUL GAFFAR S/O P. KHYOOM SAB AGED ABOUT 52 YEARS 11. SMT. SHAHEENA W/O BASHA AGED ABOUT 50 YEARS 12. SHRI. NASEEBA JAN W/O AHMED JAN AGED ABOUT 56 YEARS 13. SHRI. SRINIVAS S/O VENKATAPPA AGED ABOUT 53 YEARS 14. SHRI. RAHEEM S/O PYRU SAB AGED ABOUT 78 YEARS 15. SHRI. SAYAB PASHA S/O ABDUL JABBAR SAB AGED ABOUT 61 YEARS 16. SMT. FATHIMA BI W/O AHMED SHARIFF AGED ABOUT 39 YEARS 17. SHRI. JAMEER.S S/O WAHAB SAB AGED ABOUT 42 YEARS - 3 - HC-KAR NC: 2026:KHC:9126 WP No. 1209 of 2026 18. SMT. RIHANA BEGAM W/O ABDUL GAFFAR AGED ABOUT 45 YEARS ALL ARE RESIDING AT WARD NO.9 BUSALAKUNTE, MULBAGAL, KOLAR- 563 131. …PETITIONERS (BY SRI.G.A.SRIKANTE GOWDA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAND REVENUIE, VIDHANA VEEDHI, BENGALURU-560 001. 2. THE TAHSILDAR MULBGAL TALUK MULBAGAL-563 131. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALLING FOR THE RECORDS AND PROCEEDS OF THE CASE THIS HON'BLE COURT BE PLEASED TO EXERCISE ITS JURISDICTION UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA AND TO ISSUE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED NOTICES DATED 05.11.2025 ISSUED BY THE 2ND RESPONDENT TAHASILDAR ANNEXURE D TO D17 IN CASE NO. NCR/CR/42/2019-20, AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:9126 WP No. 1209 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Office objections over-ruled. 2. Learned Additional Government Advocate is directed to take notice for both the respondents. 3. Learned counsel for petitioners submits that in respect of similar notices issued, this Court has already passed orders in W.P.No.30537/2025 dated 27.10.2025 and W.P.No.37853/2025 dated 18.12.2025 and prays for similar orders. 4. Having regard to the orders passed by this Court in the said writ petitions, the impugned notices are set aside while reserving liberty to the State to follow the procedure under Section 67 of the Karnataka Land Revenue Act, 1964 or such other procedures prescribed under the law and proceed further against the petitioners, if necessary. 5. Needless to state that the ascertainment of encroachment by survey requires to be done in the presence of - 5 - HC-KAR NC: 2026:KHC:9126 WP No. 1209 of 2026 the petitioners and other affected parties and subsequent to such survey an enquiry as contemplated under the Karnataka Land Revenue Act, 1964 may be initiated. 6. Writ Petition is accordingly disposed of in terms of the orders passed in W.P.No.30537/2025 dated 27.10.2025 and W.P.No.37853/2025 dated 18.12.2025. All contentions are kept open. Needless to state that question of disturbing the petitioners possession would not arise till proceedings as contemplated and referred to herein above reach logical conclusion and penalty. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 43