K Parshwanath Inddra v. Thasildhar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2926 OF 2026 (KLR-RES) BETWEEN:

K PARSHWANATH INDDRA SON OF K.SHANTHI RAJENDRA AGED ABOUT 79 YEARS. NO.348(1), SUVIDHA HOUSE, NAGARKATE ROAD, MOODBIDRI, SOUTH CAANRA …PETITIONER (BY SRI. E.I.SANMATHI., ADVOCATE) AND:

¶1THASILDHAR TALUK OFFICE, MOODBIDRE TALUK-574 227 DAKSHINA KANNADA DISTRICT,

¶2STATE OF KARANTAKA. DEPARTMENT OF REVENUE, M.S.BUILDING, by PANKAJA S Location: HIGH COURT OF KARNATAKA e -e2e-eeeee e e NC:(2026:KHC:9511 WP(No.(2926(of(2026 B.R.AMBEDKAR,VEEDHI,, BANGALORE-560,001, BY,ITS,PRINCIPLE,SECRETARY,

3., THE,DEPUTY,COMMISSIONER, HUBLI,ROAD,,NEAR,CANARA,BANK,,, BUNDER,,MANGALURU,, DAKSHINA,KANNADA,DISTRICT,, MANGALORE-575,001,

4., TOWN,MUNICIPAL,COUNCIL, MOODBIDRI,TOWN,,MOODBIDRE-574227,, BY,ITS,SECRETARY, …RESPONDENTS, (BY,SRI.,SHAMANTH,NAIK,,HCGP,FOR,R1,TO,R3), , THIS, WP, IS, FILED, UNDER, ARTICLES, 226, AND, 227, OF, THE, CONSTITUTION, OF, INDIA, PRAYING, TO, QUASHING, THE, IMPUGNED, NOTICE, ISSUED, BY, THASILDHAR,, MOODBIDRE, TALUK-FIRST, RESPONDENT, BEARING, NO.TOMDB-REVOINDP/33/2021/132942,DATED,5/1/2025,AND,PRODUCED, HEREWITH, AS, ANNEXURE-A, AND, TO, PERMANENTLY, TO, RESTRAIN, THE, RESPONDENTS, FROM, CARRYING, OUT, ANY, ACTIVITY, IN, MARPADI, VILLAGE,SURVEY, NO.192, MEASURING,

3.5.,ACRES., , THIS, PETITION,, COMING, ON, FOR, PRELIMINARY, HEARING,,THIS,DAY,,ORDER,WAS,MADE,THEREIN,AS,UNDER:,

CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER

¶1Learned High Court Government Pleader takes notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reasons.

¶2The petitioner is aggrieved by the impugned notice dated

05.01.2026 which is wrongly mentioned as '05.01.2025'. It is the contention of the learned counsel for the petitioner that the petitioner is enjoying kumki rights in respect of land in question i.e., 3.5 acres in Sy.No.192 of Marpadi Village, Moodbidre Taluk, Dakshina Kannada District and the impugned notice has been issued by the Tahsildar stating that the land in question is required for the purpose of establishing KSRTC bus depot and therefore, the petitioner is called upon to furnish any documents and appear before the Tahsildar on 12.01.2026.

¶3Learned High Court Government Pleader submits that when the Competent Authority has issued a notice, the petitioner will have to appear before the Competent Authority along with requisite documents and if any adverse orders are passed, the petitioner will get a cause of action to question the

same before the Competent Authority. At this juncture, it is not permissible for the petitioner to challenge the impugned notice issued by the Competent Authority.

¶4There is substance in the submission made by the learned High Court Government Pleader. The petitioner is required to appear before the Tahsildar along with all requisite documents and raise his objections. If such objections are raised, the Tahsildar is duty bound to consider the same and take action in accordance with law. If the petitioner is claiming that he has kumki rights over the land in question, then if the Tahsildar on verification finds that the petitioner is enjoying kumki rights, if at all available for the petitioner, the Tahsildar cannot evict the petitioner.

¶5With the above observations, the writ petition stands disposed of with a specific direction to the respondent - Tahsildar, Moodbidre Taluk, to consider the objections and the documents submitted by the petitioner and thereafter take action in accordance with law. If the petitioner seeks to file additional documents, he shall be permitted to file the same.

Learned High Court Government Pleader is permitted to file a memo of appearance within a period of four weeks from today. SD/- (R DEVDAS) JUDGE PKS/List No.: 1 Sl No.: 14