IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29974 OF 2025 (KLR-RES)

BETWEEN:

MRS. MYLACAVE IRENE JOSEPH W/O MYLACAVE JOSEPH ABRAHAM, AGED ABOUT 66 YEARS, RESIDING AT NO.14, 4TH CROSS, S.R.LAYOUT, MURUGESHPALYA, AIRPORT ROAD, BENGALURU - 560 017.

…PETITIONER (BY SRI. AJIT P.B., ADVOCATE)

AND:

1. THE TAHSILDAR RAMANAGARA TALUK, RAMANAGARA - 562 159.

Digitally signed by 2. THE STATE OF KARNATAKA SHARADAVANI B REPRESENTED BY PRINCIPAL SECRETARY Location: High REVENUE DEPARTMENT, Court of VIDHANSOUDHA Karnataka BENGALURU - 560 001.

…RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED ORDER BEARING NO. N.C.R/C.R/331/2025 (E-813687), DATED 09.09.2025 (ANNEXURE A), PASSED BY THE 1^ST RESPONDENT 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 petitioner has sought for setting aside of the impugned order at Annexure-A whereby the respondent- Tahsildar has issued a notice under Section 104 of the Karnataka Land Revenue Act, 1964 directing the petitioner to vacate the encroachment of Government land alleged to have taken place.

2. Learned counsel for the petitioner submits that notice under Section 104 of the Karnataka Land Revenue Act, 1964 could not have been issued without ascertaining the area of alleged encroachment and without survey in presence of the petitioner.

3. Learned HCGP appearing for the State upon instructions submits that respondent Authority intend to carryout survey to ascertain encroachment and would follow applicable law and procedure before proceeding further.

In light of the same, noticing that the proceedings at Annexure-A is not preceded by survey in which the petitioner was not notified, notice at Annexure-A is set aside, petition is disposed of Liberty is reserved to the State to initiate fresh proceedings, with further observation that survey needs to be conducted in presence of the petitioner and other property owners so as to ensure the adherence to principles of natural justice.

All contentions are kept open.

Needless to state that respondent to follow procedure of identifying encroachment and recover encroached land in terms of the procedure laid down in the Karnataka Land Revenue Act, 1964 and applicable rules.

Sd/-

(S SUNIL DUTT YADAV)

JUDGE GPG List No.: 1 Sl No.: 41