- 1 - NC: 2025:KHC:9357 WP No. 3331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3331 OF 2025 (KLR-RES) BETWEEN: 1. SRI.H.M VENUGOPAL S/O LATE D. MUNINANJAPPA, AGED ABOUT 54 YEARS, 2. SRI. H.M BHATEESH S/O LATE D. MUNINANJAPPA, AGED ABOUT 48 YEARS, 3. SRI. H.M KRISHNAMURTHY S/O LATE D. MUNINANJAPPA, AGED ABOUT 45 YEARS ALL ARE RESIDING AT #119, HIRANDAHALLI VILLAGE, BIDARAHALLI HOBLI, VIRGONAGAR POST, BANGALORE EAST TALUK, BANGALORE-560 049 …PETITIONERS (BY SRI. RAJESH GOWDA., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE TASHILDHAR, BANGALORE EAST TALUK, K.R PURAM, BANGALORE-560 036 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9357 WP No. 3331 of 2025 3. THE TALUK SURVEYOR BANGALORE EAST TALUK, BANGALORE-560 036 …RESPONDENTS (BY SMT. B.P.RADHA., AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 20.01.2025, VIDE ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this petition is for issuance of a direction to respondent No.2 to consider the representation dated 20.01.2025, a copy of which is produced at Annexure - A. 2. The prayer in this petition is also to restrain respondent Nos.2 and 3 to form a road on the Eastern side of land bearing Sy.No.73. 3. It is contended that, an attempt is being made to construct a road on the canal and also by - 3 - NC: 2025:KHC:9357 WP No. 3331 of 2025 encroaching upon the land of the petitioners in Sy.No.73. 4. Learned AGA, on instruction submits that, the Authorities are only intending to form a road on the Rajakaluve and, as per the survey sketch, there is an encroachment on the Rajakaluve portion to the extent of 3 acres 25 guntas and this encroachment is from the owners of Sy.Nos.73, 92, 66 and 78. 5. In the light of the above submissions, in my view, it will be appropriate to direct the Authorities to issue a notice to the alleged encroachers, conduct an enquiry, if necessary, also conduct a joint survey and then determine whether there is an encroachment or not. 6. If the petitioners and others have encroached upon the Rajakaluve portion, the Authority shall take action in accordance with law for dispossessing them. - 4 - NC: 2025:KHC:9357 WP No. 3331 of 2025 7. Learned AGA also submits that the Authorities are prepared to conduct a joint survey in the presence of the petitioners. 8. In the light of the said submission, the jurisdictional ADLR is directed to conduct a survey on 21.03.2025 in the presence of the petitioners. The petitioners without expecting any further notice shall be present at the spot on 21.03.2025 at 11 a.m. The other encroachers shall also be notified of the survey and may be called upon to participate in the survey. 9. This writ petition is accordingly disposed of. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 13