Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24413 WP No. 2453 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 2453 OF 2022 (KLR-RES)
BETWEEN:
SMT. KAMALA @ KAMALAMMA W/O AMRITLAL AGED 60 YEARS, OCCUPATION AGRICULTURIST RESIDING AT NO.33, DOLLAR COLONY B T M LAYOUT, MADIVALA, BENGALURU
REP. BY HER GPA HOLDER MR DEVARAJUREDDY S/O LATE N G MALLAREDDY AGED 59 YEARS, RESIDING AT NO.68/14 GOWRI NILAYA, 1ST FLOOR, 20TH MAIN ROAD 1ST STAGE BTM, MHBCS, BENGALURU-560 029. …PETITIONER
(BY SRI. RANGARAMU V., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, 4TH FLOOR VIKASA SOUDA, AMBEDKAR VEEDHI BENGALURU-560 001.
2.
THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU K.G. RAOD, BEHIND KANDAYA BHAVAN BENGALURU-560 009.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24413 WP No. 2453 of 2022
3.
THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION, BENGALURU K.G. RAOD, BEHIND KANDAYA BHAVAN BENGALURU-560 009.
4.
THE TAHASILDAR BENGALURU SOUTH TALUK, BENGALURU K.G. RAOD, BEHIND KANDAYA BHAVAN BENGALURU-560 009.
5.
THE CHIEF CONSERVATOR OF FORESTS (GENERAL), ARANYA BHAVAN, MALLESHWARAM 18TH CROSS, BENGALURU-560 003.
6.
THE RANGE FOREST OFFICE SOUTH RANGE, BENGALURU, WJ57+4F3, EWS COLONY STAGE 2, BTM LAYOUT, BENGALURU KARNATAKA-560 076. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REMOVE THE ILLEGAL THE ILLEGAL UNAUTHORIZED COMPOUND WALL ON THE PETITIONERS LAND BEARING SY NO.53, MEASURING 6 ACRES SITUATED AT B.M. KAVAL VILLAGE, IN KENGERI HOBLI, BENGALURU SOUTH TALUK BENGALRU DISTRICT BENGALURU AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:24413 WP No. 2453 of 2022
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
Heard the learned Counsel appearing for the parties.
2. In this writ petition, the petitioner has sought for a writ of mandamus to direct the respondent-authorities to remove illegal, unauthorized compound wall on the subject land belonging to the petitioner herein, interalia sought for a direction to the respondent-authorities not to disturb/obstruct the agricultural operation of the petitioner herein.
3. Sri Rangaramu V., learned Counsel appearing for the petitioner invited the attention of this Court to the
judgment and decree passed by the Civil Court in O.S.No.216/2000 (Annexure ‘E’) and submitted that the Civil Court has already decreed in respect of the land in question in favour of the petitioner. Hence, it is submitted that, despite the order of injunction made by the competent court, the respondent-authorities are
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HC-KAR NC: 2025:KHC:24413 WP No. 2453 of 2022
interfering with the agricultural operation of the petitioner and have illegally put up the compound wall.
4. In that view of the matter, since the disputed question of facts are involved in this writ petition, I am of the opinion that the writ of mandamus would not lie against the respondent-authorities, taking into
consideration the prayer made in the writ petition. However, it is open for the petitioner to seek appropriate remedy elsewhere to implement the judgment and decree passed by the Civil Court at Annexure ‘E’ in accordance with law, as expeditiously as possible. It is also open for the petitioner to approach respondent-authorities No.2, 5 and 6 for redressal of her grievance, if so advised.
5. With these observations, the writ petition is
disposed of.
Sd/- (E.S.INDIRESH) JUDGE JT/- CT:SM