SYED MURTUZA AMEEN Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners submit that they are the lawful owners of the property bearing Survey No.175 (New No.416), 176, and 177 of Bagalur Village, Jala Hobli, Bengaluru North Taluk and have challenged the notice at Annexure-A dated 10.03.2020 contending that though it is styled as notice, it is infact an order calling upon the petitioners to evict from the land belonging to the Government.

(2.) It is further contended that Annexure-A is not legally tenable, as an opportunity has to be afforded to the petitioners before ordering for eviction of the petitioners even if it is were to be accepted that the petitioners are in unauthorized occupation of the Government land.

(3.) It is further submitted that an enquiry as contemplated under Section 94(3) of the Karnataka Land Revenue Act, 1964 needs to be conducted before the proceedings for recovery of possession are set into motion.