The petitioner has sought for issuance of writ of

certiorari to quash the notice at Annexure-‘K’ dated

14.08.2023 which is in the nature of Show Cause Notice

calling upon the petitioner alleging that the petitioner has

encroached upon a pathway (PÁ®ÄzÁj) in terms of the

report of the Taluk Surveyor and accordingly, directed the

petitioner to vacate the encroachment. The petitioner has

also sought for directions to respondent Nos.1 to 4 not to

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alter the nature of rajakaluve or to disturb the same as

situated in the schedule property.

Learned counsel for the petitioner submits that

there is discrepancy insofar as the notice at Annexure-‘K’

dated 14.08.2023 which would indicate that encroachment

is of pathway and insofar as Annexure-‘F’ which is a letter

addressed by the Assistant Director of Land Records,

Doddaballapura to the Tahsildar which would indicate as

per the sketch enclosed that there is an encroachment of

stream (ºÀ¼Àî).

Insofar

as

the

notice

is

issued,

learned

Additional Government Advocate submits that a fresh

notice would be issued consequent to a survey in the

presence of the petitioner and affected parties and submits

that petition may be disposed off taking note of the

observations made in W.P.No.18157/2023.

Heard the learned counsel for the petitioner and

the learned AGA appearing for the respondents.

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5.

Learned counsel for the petitioner at the time of

arguments has also called in question the correctness of

the survey report on the basis of which notices are issued

as the survey is called in question and it is asserted that

the petitioner was not issued with notice before such

survey was conducted, which fact remains uncontroverted

and it would be appropriate to set aside the notice at

Annexure-‘K’.

6.

Noticed

the

observations

made

in

W.P.No.18157/2023 which reads as follows:

"3.

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

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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

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.

5.

After hearing both sides in both the

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

at Annexure-'A' are set aside.

6.

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

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enquiry, the petitioners are at liberty to

seek redressal, if they are aggrieved in

terms of Section 67(3) of the Act.

(c) The identification of the ‘Kaluve’ is to be

done on the basis of the records

maintained by the Assistant Director of

Land Records. Copy of the documents

to be shared with the petitioners.

(d) The BBMP also to be notified at th