IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 38468 OF 2025 (KLR-RES)

BETWEEN:

1. SRI.VENKATESH.G S/O. LATE GOVINDAPPA, AGED ABOUT 56 YEARS, 2. SMT. LAKSHMAMMA, D/O. LATE GOVINDAPPA, AGED ABOUT 54 YEARS, 3. SMT. MANGALA.G, D/O. LATE GOVINDAPPA, AGED ABOUT 52 YEARS, Digitally signed by JUANITA THEJESWINI Location: HIGH 4. SRI. KRISHNAMURTHY.G, COURT OF S/O. LATE GOVINDAPPA, KARNATAKA AGED ABOUT 50 YEARS, 5. SRI. GOPAL.G S/O. LATE GOVINDAPPA, AGED ABOUT 48 YEARS, 6. SMT. SARASWATHAMMA.G, D/O. LATE GOVINDAPPA, AGED ABOUT 46 YEARS, 7. SMT. MANJULA SOMASHEKAR, D/O. LATE GOVINDAPPA, AGED ABOUT 44 YEARS, 8. SRI. RAVICHANDRA, S/O. LATE GOVINDAPPA, AGED ABOUT 43 YEARS, ALL ARE RESIDING AT NO. 42, 3^RD B-MAIN, KAVERIPURA, KAMAKSHIPALYA, OPP VEERESH CHOULTRY, BASAVESHSWARA NAGAR, BANGALORE - 560 079.

…PETITIONERS (BY SRI. V. VINOD REDDY, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001.

2. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVANA, K.G.ROAD, BANGALORE - 560 009.

3. THE ASSISTANT COMMISSIONER, BANGALORE SOUTH DIVISION, KANDAYA BHAVANA, K.G.ROAD, BANGALORE - 560 009.

4. THE TAHSILDAR, BANGALORE SOUTH TALUK, KANDAYA BHAVANA, K.G.ROAD, BANGALORE - 560 009.

…RESPONDENTS (BY SRI. SESHU.V, HCGP)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 12.11.2025 BEARING NO. N.C.R(U)CR/E-783154/25-26 PASSED BY THE R-1 AND WHICH IS PRODUCED HEREWITH AS ANNX-A AND DIRECT THE R-4 TO CONSIDER THE PENDING REPRESENTATIONS DTD. 12.02.2013 AND 06.06.2017 AND CONDUCT PODI AND HADBASTH AND WHICH IS PRODUCED HEREWITH AS ANNX-H AND J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned High Court Government Pleader takes notice for respondents.

2. Learned counsel for the petitioners submits that the impugned notice at Annexure-A, though styled as a notice, is nothing but an order passed by the Tahsildar without giving opportunity of hearing to the petitioners. In the said notice, it is directed that on 12.11.2025, the petitioner will have to remove all encroachments and submit photographs showing removal of the unauthorised encroachment at the hands of the petitioner, within three days from the receipt of notice. Learned counsel submits that it is very clear from the impugned notice that the Tahsildar has taken a decision unilaterally that the petitioners have encroached upon the tank area in Survey No.39 of Gollahalli Village, Uttarahalli Hobli, Bangalore South Taluk.

3. At this juncture, learned High Court Government Pleader submits that the impugned Notice at Annexure-A may be treated as a Show Cause Notice to enable the petitioner to give a reply and a direction may be issued to the Tahsildar to consider the reply, look into all the records that would be produced by the petitioner and proceed only in accordance with law.

4. Placing the submission of the learned High Court Government Pleader on record, the writ petition stands disposed of, directing the respondent-Tahsildar and petitioner herein to treat Annexure-A as a Show Cause Notice. Fifteen(15) days time is granted to the petitioners from today to file a reply along with all the required documents before the Tahsildar. The Tahsildar shall give sufficient opportunity of hearing to the petitioners, look into the documents that would be produced by the petitioners, consider the reply and thereafter, proceed only in accordance with law. The Tahsildar may have to do a joint survey in the presence of the petitioner, if necessary.

5. Needless to observe that till a final decision is taken by the Tahsildar, no precipitative action shall be taken pursuant to the impugned notice at Annexure-A.

6. Learned High Court Government Pleader is permit