The petitioner has sought for issuance of writ of

certiorari to set aside the order dated 07.06.2023 passed

by respondent No.8 Tahsildar at Annexure-‘A’, the

petitioner has also sought for writ of certiorari to quash

the sketch prepared by the respondent Nos.5 to 7

identifying the alignment of Storm Water Drain in respect

of Sy.No.55 of Pattanagere Village, Kengeri Hobli,

Bengaluru South Taluk, Rajarajeshwari Nagar Sub-division

at Annexure-‘B’.

Learned counsel for the petitioner submits that

the order at Annexure-‘A’ is passed by the Tahsildar in

exercise of power under Section 104 of the Karnataka

Land Revenue Act, 1964 (for short ‘the Act’) as regards

“Sarkari Halla”. It is submitted that the Tahsildar under

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Section 104 of the Act has no jurisdiction insofar as

encroachment of land including “Sarkari Halla”.

Learned

Additional

Government

Advocate

submits that legal position is a correct legal position.

Further learned AGA points out to the directions issued in

W.P.No.18157/2023 called with W.P.No.2664/2023 and

submits that the matter may be disposed off with

appropriate directions enabling the Government to initiate

proceedings to recover the encroachment.

Heard the learned counsel for the petitioner,

learned counsel appearing for respondent Nos.1 to 4 and

the learned AGA appearing for respondent Nos.5 to 8.

Perused

the

order

passed

in

W.P.No.18157/2023. The observations made therein are

deal with identical contentions raised herein as well. The

observations in paragraph Nos.2 to 6 are extracted as

hereunder:

"2.

In W.P.No.2664/2023, the land owners

have challenged with respect to the portion retained

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by the land owners in Sy.No.19/3 of Munekolalu

Village,

Varthur

Hobli,

Bengaluru

East

Taluk,

whereby they have challenged the notice at

Annexure-'A' issued by the Tahsildar under Section

104 of the Act dated 31.10.2022, whereby the

notice makes out the case of encroachment of the

‘Kaluve Land’. As the subject matter of dispute

relates to the adjacent land and the assertion made

in the notices are identical, both the Writ Petitions

are taken up together and disposed off by a

common order.

Learned

Additional

Government

Advocate fairly submits that the Tahsildar has no

jurisdiction to issue notices under Section 104 of the

Act in the present case, as the present dispute

relates to alleged encroachment of ‘Kaluve’. It is

submitted that insofar as encroachment of ‘Kaluve’

is concerned, the appropriate enquiry is to be made

under Section 67(2) of the Act.

Learned counsel for the petitioners in

both the matters would further draw attention to the

survey sketch at Annexure-K in W.P.No.2664/2023

and submit that the notice of the Tahsildar is based

on the sketch prepared which demarcates

the

encroachment. But, however such sketch has been

prepared in the absence of the petitioners and

accordingly, even if the proceedings are initiated by

the respondent authorities afresh, if they base it on

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the sketch at Annexure-'K' in W.P.No.2664/2023, it

would

result

in

injustice

caused

to

them.

Accordingly, it is prayed that the survey be prepared

afresh in the presence of the petitioners in both the

Writ Petitions and on the basis of the sketch

prepared in such survey after notice to the

petitioners in both the matters, the proceedings as

per law may be permitted to be proceeded.

After hearing both sides in both the

matters, in light of the stand of the AGA, the notices

at Annexure-'A' are set aside.

However insofar as further action to be

taken, it is ordered as follows:

(a) Survey be conducted in presence of the

petitioners in both the matters, wherein

the sketch to be prepared demarcating

the encroachment if any.

(b) Subsequently, once the survey process

is completed, it is upon the Deputy

Commissioner to take proceedings in

terms of Section 67(2) of the Act and

follow the procedure therein. Needless

to state, upon conclusion of the said

enquiry, the petitioners are at liberty to

seek redressal, if they agree in