- 1 - NC: 2025:KHC:7671 WP No. 15157 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15157 OF 2020 (KLR-RES) BETWEEN: 1. SMT. NAGMALA M. PATTANASHETTY W/O P.MANJUNATHA AGED ABOUT 39 YEARS AGRICULTURIST AND ADVOCATE 5TH FLOOR, A.S.V.N.V.SANGHA K.G.ROAD, BENGALURU-9 …PETITIONER (BY SRI. MANJUNATHA .P, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA BY ITS SECRETARY OF REVENUE DEPARTMENT VIDHANA SOUDHA, BENGALURU-1 2. THE DEPUTY COMMISSIONER DAVANAGERE-577 001. 3. THE DEPUTY DIRECTOR OF LAND RECORDS D.C.OFFICE BUILDING DAVANAGERE-577 001. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS TALUK OFFICE, CHANNAGIRI POST TALUK-577 213. DAVANAGERE DISTRICT. 5. SRI.M.S.BASAVARADYA S/O LATE SHIVAMURTHAIAH AGED ABOUT 46 YEARS Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7671 WP No. 15157 of 2020 R/AT GANGANAKATTE VILLAGE DAVANGERE TALUK AND DISTRICT-577 556. AND ALSO ADDRESS OF M.S.BASAVARADYA S/O LATE SHIVAMURTHAIAH AGED ABOUT 46 YEARS SECRETARY, CHAITHANYA GURUKULA NAGENAHALLI ROAD SANTHEBENNUR POST-577 552. CHANNAGIRI TALUK. 6. SRI.S.R.NAGRAJA S/O S.RUDRAIA AGRICULTURIST AGED ABOUT 49 YEARS R/AT SASALU MAIN ROAD SANTHEBENURU VILLAGE CHANNAGIRITALUK DAVANAGERE DIST-577 552. 7. SMT. B.M.SAHANA W/O S.R.NAGRAJA AGED 43 YEARS R/AT SASALU MAIN ROAD SANTHEBENUR VILLAGE, CHANNAGIRI TALUK DAVANAGERE DIST-577 552. 8. THE TAHASILDAR TALUK OFFICER CHANNAGIRI (PO) (TA) [IMPLEADED AS PER ORAL ORDER DATED 20.02.2025 IN OPEN COURT ORDER] …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4; SRI. M.R. HIREMATHAD, ADVOCATE FOR R5; R6 AND R7 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 4 TO CONSIDER THE PETITIONERS REQUEST OF - 3 - NC: 2025:KHC:7671 WP No. 15157 of 2020 ANNEXURE-A DATED 29.1.2019 AND FURTHER REQUEST DATED 18.5.2020 AS PER ANNEXURE-H BY FIXING THE TIME LIMIT. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The issue of encroachment over the land indicated in the captioned petition is effectively addressed by this Court in a connected matter bearing W.P.No.17067/2024. This Court taking cognizance of the encroachment made by the adjoining owners has already issued directions to the Tahsildar to take necessary action against the encroachers. 2. This Court deems it fit to cull out the order passed in the above said writ petition which reads as under: "The captioned petition is filed seeking mandamus against respondent No.2 to consider the petitioner's representation dated 14.02.2024 and remove alleged encroachments made on the road, which is notified under the village map. - 4 - NC: 2025:KHC:7671 WP No. 15157 of 2020 2. Heard learned counsel for the petitioner and learned AGA for respondents No.1 and 2. 3. The petitioner is the owner of an agricultural land bearing Sy.No.86/3 situated at Santhebennur village, Channagiri Taluk, Davanagere District. The petitioner is asserting that he has a right of easement in a road, which is notified in a village map, which proceeds from the tank bund area of Santebennuru village and passes through agricultural land bearing Sy.No.102, 88, 87 and thereafter runs through Sy.No.81 and 79 of Santhebennuru village. The petitioner claims that he is entitled to use the road so as to have access to his land. The petitioner is aggrieved by the high handed action of the adjoining owners, who have encroached over the road. Therefore, a representation is submitted to respondent No.2/Tahasildar. 4. Learned AGA, on instructions, acknowledges that there is some encroachment and respondent No.2/Tahasildar has taken cognizance of the encroachment made over the petition land. She would further point out that these encroachments have to be removed by the local body/gram panchayath and under the scheme, respondent No.2/Tahasildar has already contemplated to lay a tar road. - 5 - NC: 2025:KHC:7671 WP No. 15157 of 2020 5. Recording the submission of learned AGA, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondent No.2/Tahasildar shall consider the representation submitted by the petitioner on 14.02.2024 and as per Annexure-A and take necessary action as prayed in the representation; iii. Respondent No.2/Tahasildar shall also ensure this order is communicated to the panchayath officer; iv. This exercise shall be completed by respondent No.2/Tahasildar in co-ordination with panchayath authorities within an outer limit of 6 months from the date of receipt of certified copy of this order." 3. In the light of the order passed in W.P.No.17067/2024, the captioned petition deserves to be allowed. 4. Accordingly, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; - 6 - NC: 2025:KHC:7671 WP No. 15157 of 2020 (ii) Respondent No.8/Tahsildar shall consider petitioner's representation in the light of the directions issued in W.P.No.17067/2024 and take appropriate action as indicated therein; (iii) This exercise shall be completed within a period of six months from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 48