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2025 DAILYLAW 21274 (KAR)

SMT. CHANNAMMA v. THE STATE OF KARNATAKA

WP/7978/2025 · 2025-06-03

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:18620 WP NO.7978 OF 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.7978 OF 2025 (KLR-RES) BETWEEN: SMT. CHANNAMMA W/O SHIVARUDRAIAH, D/O N.M. LINGANNA, AGED ABOUT 57 YEARS RESIDING AT NAGANAHALLI, YELAGALVADI POST, HUTRIDURGA HOBLI, KUNIGAL TALUK, TUMAKURU - 572 126. …PETITIONER (BY SRI. K.M. SOMASHEKARA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REP. BY ITS UNDER SECRETARY, VIDAHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU - 572 101. 3. THE ASSISTANT COMMISSIONER, KUNIGAL SUB-DIVISION, TUMAKURU - 572 101. 4. THE THASILDAR KUNIGAL TALUK, KUNIGAL - 572 130. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18620 WP NO.7978 OF 2025 5. THE ASSISTANT DIRECTOR OF LAND RECORDS KUNIGAL TALUK, KUNIGAL - 572 130. 6. THE TALUK SURVEYOR KUNIGAL TALUK, KUNIGAL - 572 130. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE INTIMATION LETTER DATED 14TH MARCH, 2025 SIGNED ON 17TH MARCH, 2025 BEARING NO.NCR.CR.01/2024-25 ISSUED BY THE RESPONDENT NO.4-THASILDAR VIDE ANNEXURE-H AND ALSO THE UNDATED REPORT BEARING NO. NCR:CR:01/2023-24 PREPARED BY THE RESPONDENT NO.6- TALUK SURVEYOR AND RESPONDENT NO.5-ASSISTANT DIRECTOR OF LAND RECORDS VIDE ANNEXURE-F AS BEING IN CONTRAVENTION OF SURVEY SKETCH OF SURVEY NUMBER 11/3A1 OF NAGANAHALLI, YELAGALVADI POST, HUTRIDURGA HOBLI, KUNIGAL TALUK INSOFAR AS THE PETITIONER IS CONCERNED; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER This writ petition is filed challenging the intimation letter dated 14th March, 2025 signed on 17th March, 2025 (Annexure- H) issued by the respondent No.4; inter alia sought for quashing the undated report bearing No.NCR:CR:01/2023-24 (Annexure-F) prepared by respondents 5 and 6. - 3 - HC-KAR NC: 2025:KHC:18620 WP NO.7978 OF 2025 2. This Court, by order dated 26th April, 2025, directed the respondent-Authorities to remove the encroachment. if any as stated in the intimation letter dated 14th March, 2025 (Annexure-H). 3. Learned High Court Government Pleader appearing for respondent-State submits that, in terms of the order dated 26th April, 2025 passed by this Court, survey has been conducted and encroachment has been removed by the respondent-Authorities. 4. In that view of the matter, I am of the opnion that, there is no necessity of considering the prayer made in the writ petition except reserving liberty to the petitioner to file reply, if any, to the intimation letter issued by the respondent No.4. 5. Accordingly, liberty is reserved in favour of the petitioner to file a reply if any to the intimation letter dated 14th March, 2025 which is signed by the respondent No.4 on 17th March, 2025 (Annexure-H), within an outer limit of two weeks from the date of receipt of this order. After receipt of the reply that may be made by the petitioner as stated above, it is open for the respondent-Authorities to take any decision in - 4 - HC-KAR NC: 2025:KHC:18620 WP NO.7978 OF 2025 accordance with law. With this observation, writ petition stands disposed of. In view of the disposal of the petition, pending applications IA.1/2025 and IA.2/2025 stands dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 24