KIRTANA BIDDAPA Vs. STATE OF KARNATAKA

JUDGEMENT

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

(2.) Learned counsel for the petitioner is directed to serve copies of the writ petition along with annexures on the learned AGA.

(3.) Learned counsel for the petitioner submits, while drawing attention of this Court to the impugned notice at Annexure-A that, no where in the reference is there any information that notice has been issued to the petitioner. In the reference all that is stated is a complaint filed by Smt.M.A.Savithri and family members on 13/5/2025; communication made by the Deputy Commissioner on 25/6/2025; report submitted by the Revenue Inspector on 30.07,2025; reports submitted by the Assistant Director of Land Records on 25/11/2025. Learned counsel would therefore submit that no prior notice is given to the petitioner and in the impugned order, the respondent-Tahsidlar has directed the petitioner to evict or remove all encroachments on or before 25/2/2026. Learned counsel submits that it is clear from the impugned order itself that no opportunity of hearing is given to the petitioner and the Tahsildar has unilaterally come to conclusion that the petitioner has encroached upon the 'kaludari' in Sy.No.6 of Koppathuru Village. Learned counsel for the petitioner submits that the respondents cannot dispute the fact that the petitioner is the owner of 27 acres 99 cents in Sy.No.6 of Koppathuru Village, Somawarpete Taluk as found in the RTC at Annexure-C.