DODDEGOWDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned Additional Government Advocate accepts notice for the respondents.

(2.) The challenge in this writ petition is to a communication dtd. 25/5/2022 (Annexure-K). By the said communication, the petitioners have been called upon to vacate and handover possession of the lands in their possession in Sy.No.107 of Uddehosakere Village, Somalapura Post, Nittur Hobli, Gubbi Taluk, Tumakuru District.

(3.) A perusal of the communication dtd. 25/5/2022 indicates that no notice has been issued prior to the said communication. It appears that communication - Annexure-K has been issued pursuant to an order passed by this Court in W.P.No.3969/2007 and also on the basis of some complaint lodged before the Karnataka Land Grabbing Special Court. Assuming that there is some direction to clear any encroachments, it is, but, necessary for the Tahsildar to issue a show-cause notice, hear the parties and thereafter, pass an order of vacation. The Tahsildar, in my view, has committed an illegality by directly passing an order asking the petitioners to deliver possession.