- 1 - NC: 2025:KHC:5766 WP No. 3477 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3477 OF 2025 (KLR-RES) BETWEEN: SWAMI SUKHABODHANANDA SARASWATI S/O LATE CMS MOORTHY AGED ABOUT 68 YEARS R/AT NO.1, NIRGUNA MANDIR LAYOUT ST BED AREA, 1ST BLOCK KORAMANGALA BENGALURU - 560 047. DULY REP. BY SPA HOLDER MR. JITENDER V. JOSHI SON OF MR. VISHNUDAS JOSHI AGED 65 YEARS. …PETITIONER (BY SRI. ANGAD KAMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE DR.AMBEDKAR VEEDHI VIDHANA SOUDHA BENGALURU-560 001. PRINCIPAL SECRETARY REVENUE DEPARTMENT. 2. THE TAHSILDAR BENGALURU SOUTH TALUK BENGALURU URBAN BENGALURU-560 009. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5766 WP No. 3477 of 2025 3. THE ASSISTANT EXECUTIVE ENGINEER (EI) BESCOM, K-3, SUB DIVISION KAGGALIPURA BENGALURU-560 082. 4. SMT. THIRUMAMMA D/O LATE KENCHAIAH AGED 76 YEARS R/O NO.9-A, ANGALLI DODDI VILLAGE HANUR TALUK CHAMARAJANAGARA DISTRICT-571 439. 5. MR. L. HANUMANTHRAJU S/O LAKSHMAN AGED 43 YEARS, RESIDING AT NO.237, 9TH MAIN JAYANAGAR 3RD BLOCK BENGALURU SOUTH TALUK BENGALURU-560 011. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS AGAINST THE RESPONDENTS NO.2 AND 3 WITH DIRECTION TO DISPOSE OF THE PENDING APPLICATIONS/REPRESENTATION DATED 15.01.2025 AS PER ANNEXURE-C AND C1 AS EXPEDITIOUSLY AS POSSIBLE IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:5766 WP No. 3477 of 2025 ORAL ORDER Petitioner in the captioned petition is seeking a mandamus against respondents 2 and 3 to dispose of the representation dated 15.1.2025 annexed at Annexures-C and C1. 2. Petitioner under these two representations has made a request before the jurisdictional Tahsildar to forthwith stop unauthorized construction over an agricultural land. 3. On a query, petitioner's counsel candidly admits that petitioner has already knocked the doors of the civil Court and a suit for injunction simplicitor is already filed. If that is the factual matrix, nothing prevents the petitioner in seeking appropriate remedy at the hands of the civil Court. Since the possessory rights are infringed by alleged illegal construction, petitioner has to make out a case before the civil Court by filing appropriate application. - 4 - NC: 2025:KHC:5766 WP No. 3477 of 2025 4. Reserving liberty to the petitioner to move an application, captioned petition is dismissed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 4 Sl No.: 1