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Karnataka High Court

Narasimappa @ Narasimiah vs State Of Karnataka on 5 February, 2026

Author: R Devdas

Bench: R Devdas

                                               -1-
                                                            NC: 2026:KHC:6932
                                                       WP No. 39087 of 2025


                   HC-KAR




                        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                          DATED THIS THE 5TH DAY OF FEBRUARY, 2026

                                            BEFORE
                              THE HON'BLE MR. JUSTICE R DEVDAS
                          WRIT PETITION NO. 39087 OF 2025 (KLR-RES)
                   BETWEEN:

                   1.    NARASIMAPPA @ NARASIMIAH
                         AGED ABOUT 65 YEARS,
                         SON OF LATE. CHIKKAPPA,
                         RESIDING AT KONDENAHALLI VILLAGE,
                         CHANNARAYAPATTANNA HOBLI,
                         DEVANAHALLI TALUK,
                         BENGALURU RURAL DISTRICT - 562 129.

                   2.    M/S GANGA ENTERPRISES,
                         A PARTNERSHIP FIRM,
                         REGISTERED UNDER THE PARTNERSHIP ACT, 1932.
                         HAVING ITS OFFICE AT NO. 148,
                         GROUND FLOOR, GANGAVARA CHOWDAPPANA
                         HALLI VILLAGE, CHANNARAYAPATNA HOBLI,
Digitally signed         DEVANAHALLI TALUK, BENGALURU RURAL - 562129.
by
SHARADAVANI
B                        REPRESENTED BY THE ITS PARTNERS NAMELY
Location: High           SRI. AMITH J,
Court of
Karnataka                SRI. RAJANNA M AND SRI. SHARATH K.
                         (PETITIONER NO.3, 4 AND 5)

                   3.    SRI. AMITH J
                         SON OF JAYARAMEGOWDA
                         AGED AB4OUT 35 YEARS,

                   4.    SRI. RAJANNA. M
                         SON OF SRI. MUNIVENKATASWAMAPPA,
                         AGED AB4OUT 50 YEARS,
                            -2-
                                       NC: 2026:KHC:6932
                                   WP No. 39087 of 2025


HC-KAR




     PETITIONER NO.3 AND 4 ARE
     RESIDING AT GANGAVARA VILLAGE,
     CHANNARAYAPATNA HOBLI,
     DEVANAHALLI TALUK,
     BENGALURU RURAL - 562 129.

5.   SRI. SHARATH K
     SON OF SRI. KENCHAPPA GOWDA
     AGED ABOUT 38 YEARS,
     RESIDING AT NO. 1/2, SHWETHA NILAYA,
     JAYANAGAR 1ST BLOCK,
     BENGALURU - 560 011.
                                            ...PETITIONERS
(BY SRI. SHASHANK SRIDHAR, ADVOCATE)
AND:

1.   STATE OF KARNATAKA
     REPRESENTED BY ITS SECRETARY,
     DEPARTMENT OF REVENUE, M.S. BUILDING,
     D.R. AMBEDKAR VEEDI,
     BENGALURU - 560 001.

2.   THE DEPUTY COMMISSIONER
     BENGALURU URBAN DISTRICT
     DISTRICT OFFICE COMPLEX
     BEERASANDRA, DEVANAHALLI - 562 110.

3.   ASSISTANT COMMISSIONER
     DODDABALLAPURA SUB DIVISION
     DODDABALLAPURA, FIRST FLOOR,
     TALUK OFFICE, BENGALURU RURAL DISTRICT,
     KARNATAKA - 561 203.

4.   THE TAHASILDAR
     DEVANAHALLI TALUK.
     DEVANAHALLI TALUK OFFICE,
     BENGALURU RURAL DISTRICT
                               -3-
                                               NC: 2026:KHC:6932
                                            WP No. 39087 of 2025


HC-KAR




     BENGALURU - 562 110.

5.   THE DEPUTY TAHASILDAR,
     CHANDRAYAPATNA HOBLI,
     DEVANAHALLI TALUK - 562 110.

6.   THE REVENUE INSPECTOR
     CHANDRAYAPATNA HOBLI,
     DEVANAHALLI TALUK - 562 110.
                                                  ...RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA)

     THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
NOTICE BEARING NO. CH5603-LND094CC/2/2025 DTD.
18.12.2025 (SERVED ON 23.12.2025) ISSUED BY THE R-4
(ANNX-Q) TO THE PETITIONERS 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

The grievances of the petitioners are directed towards the impugned notice at Annexure-Q dated 20.12.2025 issued by the respondent-Tahsildar, Devanahalli Taluk, exercising powers under Section 104 of the Karnataka Land Revenue Act, 1964. In the impugned notice, it is stated that the petitioners have unauthorisedly occupied government gomal lands in Sy.No.28 (Udafe No.60) of Kotnatevaru Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District, and have -4- NC: 2026:KHC:6932 WP No. 39087 of 2025 HC-KAR established a bar and restaurant. Therefore, the petitioners are given four days' time to evict themselves from the lands in question. Learned counsel therefore submits that the Tahsildar has taken a unilateral decision that the petitioners have unauthorisedly occupied a portion of the government gomal lands, which is not correct. The petitioners are leaseholders in terms of the lease deed dated 27.01.2025 at Annexure-L.

2. At this juncture, the learned Additional Government Advocate submits on instructions that one Sri.Narasimhaiah @ Muniyappa, has been granted an extent of 10 x 8 meters of land and petitioner No.1 has violated the condition of the grant, which mandates that the property should be used only for dwelling purposes and not for commercial purposes. Moreover, the petitioners have encroached upon a portion of the land which was not granted to petitioner No.1. Therefore, the impugned notice has been issued in accordance with law. Nevertheless, the learned Additional Government Advocate submits that the impugned notice may be treated as a show cause notice to enable the petitioners to give a reply along with -5- NC: 2026:KHC:6932 WP No. 39087 of 2025 HC-KAR the requisite documents, and the Tahsildar may be directed to proceed in accordance with law.

3. Consequently, the writ petition stands disposed of, with a direction to the petitioners as well as respondent No.4- Tahsildar to treat the impugned notice at Annexure-Q as a show cause notice issued to the petitioners. The petitioners have already given a reply, therefore, the Tahsildar shall consider the reply given by the petitioners, afford an opportunity of hearing to the petitioners and if necessary, conduct a joint survey in the presence of the petitioners and thereafter proceed in accordance with law.

4. Needless to observe, till a final decision is taken by the Tahsildar, no precipitative action shall be taken against the petitioners. If the petitioners want to furnish additional information, they should be permitted to do so.

Ordered accordingly.

Sd/-

(R DEVDAS) JUDGE rv, Sl No.: 20