- 1 - NC: 2025:KHC:8623 WP No. 4283 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 4283 OF 2025 (KLR-RES) BETWEEN: MS. M.C. THIMMAMMA, W/O LATE. MALLEGOWDA, AGED ABOUT 63 YEARS, R/AT CHAKENAHALLI VILLAGE, YEDIYUR HOBLI, KUNIGAL TALUK, TUMKURU DISTRICT 572 130. …PETITIONER (BY SRI. A.V. NISHANTH, ADVOCATE) AND: 1. TAHSILDAR KUNIGAL TALUK, OFFICE OF THE TAHSILDAR, KUNIGAL TALUK, TUMKURU DISTRICT 572 130. 2. REVENUE INSPECTOR YEDIYUR HOBLI, NADA KACHERI, YEDIYUR 572 142. 3. TALUK SURVEYOR KUNIGAL TALUK TALUK OFFICE, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8623 WP No. 4283 of 2025 KUNIGAL TUMAKURU DISTRICT 572 130 …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 READ WITH ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE INTIMATION LETTER DATED. 15.01.2025 BY THE TAHSILADAR BEARING NO. NCR.CR.128,259/2024-25 VIDE ANNEXURE-A IN SO FAR AS PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner is assailing the intimation letter dated 15.01.2025 issued by the Tahsildar evidenced at Annexure-A. Under this endorsement, Tahsildar has endorsed that petitioner has made an encroachment and therefore, the notice is issued which is now impugned before this Court. 2. The Learned Advocate General (AGA), acting upon instructions, has provided a copy of a sketch that delineates the division of Survey No. 80 into four distinct - 3 - NC: 2025:KHC:8623 WP No. 4283 of 2025 parts. The said sketch further establishes that the respondent-authorities have officially acknowledged that the petitioner continues to hold ownership and possession of 2¼ guntas of land within Survey No. 80, situated in Chakenahalli village, Yediyur Hobli, Kunigal Taluk, Tumkur District. This portion retained by the petitioner is specifically identified as Portion No. (iv) in the provided sketch. 3. Furthermore, the State has expressly admitted and recognized the petitioner's title and possession over the said 2¼ guntas of land. While the respondent- authorities maintain that an extent of 03 guntas, originally belonging to the petitioner, was acquired, they simultaneously contend that 272 square meters of land has been lost due to the formation of a road. Despite this assertion, the State’s admission unequivocally confirms that the petitioner remains the rightful owner and is in possession of 2¼ guntas of land in Survey No. 80. - 4 - NC: 2025:KHC:8623 WP No. 4283 of 2025 4. In the light of statement made by learned AGA and the fact that the authorities have already removed the alleged encroachment, no further interference is warranted. The letter issued at Annexure-A is rendered infructuous to the above extent in view of the subsequent development with regard to the alleged encroachment. The petition stands disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE BNV List No.: 1 Sl No.: 35 CT:SNN