N K Devegowda Vs State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED FINAL NOTICES DATED 08/05/2026 BEARING NOS. SAAASAM/NAUUVI/AKRAMA OTTUVARI/125/202627SAAASAM/NAUUVI/AKRAMA OTTUVARI/146/202627SAAASAM/NAUUVI/AKRAMA OTTUVARI/144/202627SAAASAM/NAUUVI/AKRAMA OTTUVARI/128/2026-27 ANDSAAASAM/NAUUVI/AKRAMA OTTUVARI/131/2026-27 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONERS AND THEREBY DIRECTED THEM TO VOLUNTARILY VACATE THE ALLEGED ENCROACHED PROPERTY WITHIN 15 DAYS FROM THE DATE OF THE NOTICE FAILING WHICH LEGAL ACTION WILL BE INITIATED UNDER SECTION 65A(2)(1) OF KARNATAKA FOREST ACT, 1963 VIDE ANNXA TO A4 AND ETC.

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THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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Learned AGA accepts notice for respondents No.1 to 3.

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The petitioners are before this Court seeking for the following reliefs:

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(a) Issue a writ of Certiorari to quash the impugned final notices 08.05.2026 bearing dated Nos.

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3 - NC: 2026:KHC:28447 WP No. 17281 of 2026

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HC-KAR

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SAAASAM/NAUUVI/AKRAMA OTTUVARI/125/202627SAAASAM/NAUUVI/AKRAMA OTTUVARI/146/202627SAAASAM/NAUUVI/AKRAMA OTTUVARI/144/202627SAAASAM/NAUUVI/AKRAMA OTTUVARI/128/2026-27 ANDSAAASAM/NAUUVI/AKRAMA OTTUVARI/131/2026-27 and issued by the 2nd respondent to the petitioners and thereby directed them to voluntarily vacate the alleged encroached property within 15 days from the date of the notice failing which legal action will be initiated under Section 65A(2)(1) of Karnataka Forest Act, 1963 vide Annexures-A to A4.

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(b) Issue a writ of mandamus restraining the respondents from interfering with the peaceful possession and enjoyment of the schedule properties of the petitioners.

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(c) Issue any other writ, order or direction as this Hon'ble Court deems fit and proper under the facts & circumstances of this case in the interest of justice and equity.

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The petitioners claim to be in occupation of portion of the property covered under old Survey No.128, P.Neralekere Village, Kasaba Hobli, Nagamangala Taluk, Mandya District. Respondents had issued notices under Section 64A of the Karnataka of Foresters Act, 1963 on 08.05.2026. It is this showcause notice which has been challenged by the petitioner.

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A writ for issuance of certiorari to quash a showcause notice is not maintainable. It is always available for the petitioner to reply to the showcause notice, which would have to be considered by the respondent and necessary orders passed. In that view of the matter, this Court passes the following;

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4 -

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NC: 2026:KHC:28447 WP No. 17281 of 2026

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HC-KAR

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ORDER

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i. The writ petition is disposed of .

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ii. Reserving liberty to the petitioner to reply to the impugned show-cause notices, which reply shall be submitted within a period of two weeks from today i.e., on or before 25.06.2026.

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iii. Respondents are directed to consider the same and pass necessary orders on the said reply within a period of four weeks from the date of receipt of the said reply by affording an opportunity of hearing to the petitioner.

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iv. Needless to say, until orders are passed, the respondents would not be entitled to dispossess the petitioner from the aforesaid properties.

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SD/(SURAJ GOVINDARAJ) JUDGE

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SR

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List No.: 1 Sl No.: 7

N K Devegowda v. State of Karnataka

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N K Devegowda v. State of Karnataka

Case brief

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