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St.Annes High School v. the State of Karnataka

Karnataka HC4 Sept 2025WP/26947/2025

Case brief

AI extract

What is this about?

Rajakaluve encroachment; B-Kharab land; Tahsildar memorandum NCR/CR/62/2023-24; encroachment removal notice; memorandum treated as show cause notice; survey in presence of party; storm water diversion; Kolar; Mulubagalu Taluk; Sonavadi Village Survey No.179/2; school building; Articles 226 and 227; writ petition disposed with directions; interim protection against precipitative action.

What did the court decide?

Writ petition disposed of with directions: impugned memorandum (Annexure-H) to be treated as a show cause notice; petitioner to reply within fifteen days with documents; Tahsildar to conduct a survey in the petitioner's presence to verify the Rajakaluve; diversion orders permissible if the kaluve passes through the building, exercise to conclude within two months; no precipitative action by respondent No.4 till disposal. ¶36

St.Annes High School Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner-institution's school building encroaches upon 12 guntas of B-Kharab land in Survey No.179/2 through which a Rajakaluve is running. +1 more

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Court's answer

The Tahsildar shall consider the reply and cause a survey in the presence of the petitioner, along with the records, to verify whether the Rajakaluve is running with the land in question.

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Ratio / Principle

The writ petition is disposed of by directing respondent No.4-Tahsildar and the petitioner to treat the impugned memorandum at Annexure-H as a show cause notice to the petitioner.

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Key takeaways

Fifteen days' time is given to the petitioner to give a reply to the show cause notice along with relevant documents.ratio¶39
If the Rajakaluve is found passing through the building, the competent authority may pass necessary orders for diversion of the Rajakaluve to ensure free passage of storm water.ratio¶40
The entire exercise shall be completed as expeditiously as possible, at any rate within two months from the date of receipt of a copy of the order.

Detailed headnote1 paragraphs

Karnataka High Court (R Devdas J, 04.09.2025) disposed of a writ petition under Articles 226/227 by St.Anne's High School, Mulubagalu, Kolar, challenging a Tahsildar's memorandum (No NCR/CR/62/2023-24, dt. 01.09.2025) declaring encroachment of a Rajakaluve/B-Kharab land and fixing removal for 08.09.2025 without a survey. The Court directed that the memorandum be treated as a show cause notice, gave the petitioner fifteen days to reply with documents, ordered a survey in the petitioner's presence to verify whether the Rajakaluve runs through the land, permitted diversion orders if the kaluve passes through the building (exercise to finish within two months), and restrained precipitative action by respondent No.4 till disposal.

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1 - NC: 2025:KHC:34965 WP No. 26947 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 4^TH DAY OF SEPTEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 26947 OF 2025 (KLR-RES)

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BETWEEN:

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ST.ANNE'S HIGH SCHOOL SITUATED AT TEACHERS COLONY, MULUBAGALU, KOLAR DISTRICT - 563 131 REPRESENTED BY ITS HEAD MISTRESS, REV SR ARULSHEELI, (PETITIONER SCHOOL IS REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT) …PETITIONER (BY SRI. SAGAR B.B., ADVOCATE)

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AND:

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS SECRETARY.

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THE DEPUTY COMMISSIONER KOLAR DISTRICT, OFFICE OF THE DEPUTY COMMISSIONER, KOLAR - 563 131

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THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION,

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NC: 2025:KHC:34965 WP No. 26947 of 2025

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HC-KAR

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OFFICE OF THE ASSISTANT COMMISSIONER, KOLAR - 563 131

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THE THASILDAR OFFICE OF THE THASILDAR, MULABAGALU TALUK KOLAR - 563 131

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

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THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.09.2025 BEARING NO NCR/CR/62/2023-24 PASSED BY THE 4TH RESPONDENT VIDE ANNEXURE-H IN THE INTEREST OF JUSTICE AND EQUITY, GRANT AN INTERIM ORDER TO STAY ALL FURTHER PROCEEDINGS PURSUANT TO IMPUGNED ORDER DATED 01.09.2025 BEARING NO NCR/CR/62/2023-24 PASSED BY THE 4^TH RESPONDENT VIDE ANNEXURE-H AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned Additional Government Advocate takes

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notice for all respondents.

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Learned counsel for the petitioner submits that

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the petitioner/Institution purchased 2 acres 32 guntas of

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3 - NC: 2025:KHC:34965 WP No. 26947 of 2025

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HC-KAR

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land in Survey No.179/2 situated at Sonavadi Village, Mulubagalu Taluk, Kolar District in the year 2003. Thereafter, the petitioner obtained necessary permission and approval at the hands of the Gram Panchayat and thereafter put up a school building on the property in question and has been running the school from the year 2006 onwards. During September 2024, a notice was issued by respondent No. 4-Tahsildar, Kolar Taluk, Mulubagalu Taluk, contending that the school building has been constructed by encroaching on 12 guntas of B- Kharab land where a Rajakaluve is running. A reply was given by the petitioner at Annexure-G on 06.11.2024 clearly stating that they have not encroached upon any Rajakaluve. Nevertheless, it was also stated in the reply that if the authorities clear the encroachment of the Kharab kaluve from beginning to end, the institution is prepared to leave space towards the eastern side of the existing building for passage of the kaluve.

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4 - NC: 2025:KHC:34965 WP No. 26947 of 2025

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HC-KAR

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Learned counsel submits that despite such a reply being given, the Tahsildar, without conducting a survey in the presence of the petitioner, has proceeded to pass the impugned memorandum dated 01.09.2025 declaring that the petitioner/Institution has encroached upon the Rajakaluve and has directed the petitioner to be present at the spot on 08.09.2025 for removal of the encroachment.

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Learned AGA submits that if the

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petitioner/Institution has given a reply stating that it is prepared to leave the space for the Rajakaluve, then the impugned memorandum may be treated as a show cause notice to the petitioner and the petitioner may be permitted to file a reply along with necessary documents. Thereafter, let the Tahsildar conduct a survey in the presence of the petitioner and pass necessary orders, including the diversion of the Kaluve, if necessary.

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Accordingly, the writ petition stands disposed of , while directing respondent No.4-Tahsildar, Mulubagalu

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5 - NC: 2025:KHC:34965 WP No. 26947 of 2025

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HC-KAR

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Taluk and the petitioner/Institution to treat the impugned memorandum at Annexure-H as a show cause notice to the petitioner. Fifteen days' time is given to the petitioner to give a reply to the show cause notice along with relevant documents. The Tahsildar shall consider the same and cause a survey in the presence of the petitioner along with the records to verify as to whether the Rajakaluve is running with the land in question.

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If it is found that the Rajakaluve is passing through the building, necessary orders may be passed by the competent authority for diversion of the Rajakaluve to ensure free passage of the storm water. The entire exercise shall be completed as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this order.

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