Karnataka High Court
WP/13924/2026 of SRI B R MANJUNATHA Vs THE STATE OF KARNATAKA on 29 April 2026
NC: 2026:KHC:23985 WP No. 13924 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 13924 OF 2026 (KLR-RES) BETWEEN: SRI. B.R.MANJUNATHA S/O. MR. B.V.RAMAKRISHNAPPA AGED ABOUT 40 YEARS, R/ A :
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 13924 OF 2026 (KLR-RES)
BETWEEN:
SRI. B.R.MANJUNATHA
S/O. MR. B.V.RAMAKRISHNAPPA
AGED ABOUT 40 YEARS,
R/A: BELLAMBALLI VILLAGE,
AVANI HOBLI,
MULABAGALU TALUK
KOLAR DISTRICT - 563 127.
…PETITIONER
(BY SRI. G.S.VENKAT SUBBARAO, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE AND COMMERCE,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER,
KOLAR REVENUE DISTRICT,
KOLAR - 563 127.
Digitally signed
by YASHODA K L
Location: High
Court Of
Karnataka
HC-KAR
3.
THE TAHSILDAR,
MULABAGALU TALUK,
MULABAGALU - 563 131,
KOLAR DISTRICT.
…RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE
IMPUGNED
MEMORANDUM
/
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
DATED 26.03.2026 BEARING NO.NCR/CR/43/2024-25, ISSUED BY TAHSILDAR, MULABAGALU TALUK, MULABAGALU, I.E., 3RD RESPONDENT HEREIN, VIDE ANNEXURE-A 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 is directed to take notice for all the respondents.
HC-KAR
2. The grievance of the petitioner is directed towards the impugned memorandum dated 26.03.2026 at Annexure-A issued by the Tahsildar, Mulabagil Taluk, where the Tahsildar appears to have taken a unilateral decision that the petitioner has encroached upon the a kaludari which is used by the general public in Sy.No.186 and 186/8 of Mandikal Village, Duggasandra Hobli, Mulabagil Taluk. Learned counsel submits that the petitioner has not encroached upon any public property. However, without even affording an opportunity to the petitioner, the Tahsildar has taken a unilateral decision.
3. Having regard to the facts narrated herein above, this Court is of the considered opinion that the Tahsildar was required to issue a show cause notice to the petitioner, call upon the petitioner to answer the allegation sought to be made against the petitioner, consider any reply that would be given by the petitioner and thereafter proceed in accordance with law.
4. In that view of the matter, the writ petition stands disposed of directing the petitioner and respondent No.3 - Tahsildar, Mulabagalu Taluk to treat the impugned
HC-KAR
memorandum at Annexure-A as a show cause notice to the petitioner. The petitioner shall give a reply to the show cause notice within a period of 10 days from today along with all necessary documents. The Tahsildar shall consider the reply and if necessary, cause a joint survey, in the presence of the petitioner and thereafter, proceed only in accordance with law.
Sd/- (R DEVDAS) JUDGE
GPG List No.: 1 Sl No.: 38