Writ petition filed challenging a notice under Karnataka Land Revenue Act directing eviction for encroachment. Court directed Tahsildar to consider filed objections and pass order within three months, maintaining status quo till then.
Petition disposed; Tahsildar directed to consider objections and pass order within 3 months; status quo maintained.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 2972 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2972 OF 2023 (KLR-RES)
BETWEEN:
Digitally signed by SUCHITRA M J Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. MADHUSUDHAN M N, ADVOCATE)
WP No. 2972 of 2023
AND:
…RESPONDENTS
(BY SRI. H R SHOWRI, AGA FOR R1 TO R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED NOTICE DATED 11/10/2022 ISSUED BY R-2 IN FAVOUR OF THE PETITIONER BEARING NO.L.N.D/C.R/192/2022-23 AS PER ANNEXURE-E AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate accepts
notice for respondent Nos.1 and 2.
hearing, with the consent of learned counsel for the parties, the same is taken up for final disposal.
the petitioners and Sri. H.R.Showri, learned AGA for the respondents. Perused the writ petition papers.
WP No. 2972 of 2023
WP No. 2972 of 2023
question and respondent No.2-Tahsildar directed them to remove encroachment and he also submits that the petitioners were afforded an opportunity to submit their objection and also to place on record the documents. Therefore, he submits that the respondent-Tahsildar is justified in issuing the notice. However, he submits that the objections of the petitioners would be considered and appropriate order would be passed in accordance with law.
WP No. 2972 of 2023
bearing No.522/100/242, measuring 30x40 feet, in Sy.No.100 of Kachanayakanahalli Village, Jigani Hobli, Anekal Taluk, Bangalore.
(2) The Notice issued to the petitioners at Annexure-E is in the nature of order directing the petitioners to remove encroachment. Without providing opportunity and without hearing the petitioners, the respondent-Tahsildar could not have directed the petitioners to remove the encroachment. However, the petitioners have submitted objection as per Annexure-F dated 20.10.2022. Therefore, it is for respondent No.2-Tahsildar to pass an appropriate order by considering the objections submitted by the petitioners in pursuance to Annexure-E, Notice dated 11.10.2022. Hence, the following:
ORDER
WP No. 2972 of 2023
appropriate order in accordance with law within a period of three months from the date of receipt of a copy of this order.
ii. Till respondent No.2-Tahsildar passes appropriate order, the parties shall maintain status-quo in respect of the petition schedule property bearing No.522/100/242, measuring 30x40 feet in Sy.No.100 of Kachanayakanahalli Village, Jigani Hobli, Anekal Taluk, Bangalore.
iii. With the above, writ petition stands disposed of.
Sd/JUDGE
SMJ List No.: 1 Sl No.: 39 CT: BHK
3 issues framed by the court
Whether the notice issued under Sections 94 and 104 of the Karnataka Land Revenue Act, 1964 directing petitioners to vacate encroached land is maintainable without hearing the petitioners.
Whether the petitioner is entitled to maintain the status quo while objections to the notice are being considered.
Whether the writ petition requires specific direction to the Tahsildar to consider the petitioner's objections and pass an appropriate order.
2 provisions across 2 enactments
Sri. Ramesh G
Smt. Shivalingamma
The Deputy Commissioner, Bengaluru Urban District
The Tahsildhar Anekal Taluk
S.G.Pandit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
