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Prathapa U T & Ors vs State Of Karnataka & Ors

Karnataka High Court, Principal Bench · Decided on 6 March 2026 · Citation: (2026) 03 KAR CK 0170

HON’BLE JUDGES
R Devdas, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 7325 Of 2026 (KLR-RES)
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Judgment

6 paragraphs · 327 words

R Devdas, J

1.

Learned Additional Government Advocate is directed to take notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reasons:

2.

Learned counsel for the petitioners submits that Annexure-G is the representation given by the petitioners to the respondent-Tahsildar, Nagamangala Taluk stating that they have established shops and they are paying rents to Sri.Maramma Temple since the land belongs to Sri.Maramma Temple. The petitioners are in possession of the shops for more than five years now. However, recently revenue entries have been mutated and the name of Sri.Maramma Temple has been removed from the revenue records and the name of Government has been inserted. Threats were given to the petitioners to evict the shops or they will be forcibly evicted. Therefore, the said representation was given to the Tahsildar requesting him to provide an opportunity of hearing to the petitioners before taking action to evict them. However, Annexures-H to K are the impugned orders passed by the Tahsildar fixing the date of 26.02.2026 for eviction of the petitioners from the lands in question with the protection of Police.

3.

Having regard to the facts narrated hereinabove, this Court is of the considered opinion that such an action could not have been taken by the Tahisldar without following due process of law.

4.

Consequently, the writ petition stands disposed of while directing respondent-Tahsildar Nagamangala Taluk and the petitioners herein to treat the impugned orders at Annexures-H to K as show cause notices issued to the petitioners. The petitioners shall give a reply to the show cause notice within a period of 15 days from today. The Tahsildar shall consider the replies and if necessary give an opportunity of hearing to the petitioners and the Officials of Sri. Maramma Temple and thereafter proceed only in accordance with law.

Needless to observe that till such a decision is taken by the Tahsildar no precipitative action shall be taken against the petitioners.