IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 33488 OF 2025 (KLR-RES)

BETWEEN:

SURESH GOWDA AGED ABOUT 48 YEARS, S/O LATE RAJASHEKARA GOWDA, AGRICULTURIST, R/O TUDEKOPPA, NADAKALASI VILLAGE, KASABA HOBLI, SAGAR TALUK-577 401, SHIVAMOGGA DISTRICT.

…PETITIONER (BY SRI. RAJENDRA S., ADVOCATE)

AND: Digitally signed by VIJAYA P

1. THE DEPUTY COMMISSIONER Location:

HIGH COURT SHIVAMOGGA DISTRICT, OF SHIVAMOGGA-577 201.

KARNATAKA

2. THE ASSISTANT COMMISSIONER, SAGAR SUB DIVISION, SAGAR-577 401.

3. THE TAHASILDHAR, SAGAR TALUK, SAGAR-577 401. …RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 08.07.2025 PASSED BY THE R-3 BEARING NO.N.C.R./C.C.R/38/18-19 PRODUCED AS ANNEXURE-M TO THE WRIT PETITION AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The present petition has been filed to set aside the order dated 08.07.2025 passed by the 3^rd respondent at Annexure-M.

2. In terms of Annexure-M, the Tahsildar has issued notice observing that there is encroachment of road and such notice is issued under Section 104 of the Karnataka Land Revenue Act, 1964 directing the noticee to vacate and hand over possession.

3. Petitioner submits that he has filed Form-53 for regularisation and though such application is rejected, an appeal has been filed before the Assistant Commissioner at Annexure-L which is pending.

4. Noticing that the appeal of the petitioner against rejection of his Form-53 is pending before the Assistant Commissioner, needless to state that the notice at Annexure-M could be given effect to only after disposal of the appeal proceedings before the Assistant Commissioner as it is submitted that the area referred to in the notice at Annexure-M overlaps with the claim for regularisation.

5. Accordingly, it is ordered that the notice at Annexure-M would not be acted upon till disposal of the appeal before the Assistant Commissioner, which would be kept in abeyance till then. Needless to state question of taking any precipitative action pursuant to Annexure-M till disposal of the appeal, would not arise.

6. Accordingly, petition is disposed of. All contentions are kept open.

Sd/-

(S SUNIL DUTT YADAV)

JUDGE VP