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2025 DAILYLAW 24351 (KAR)

SRI. S. HEMANTHA KUMAR v. THE STATE OF KARNATAKA

WP/11527/2025 · 2025-04-22

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:16662 WP No. 11527 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11527 OF 2025 (KLR-RES) BETWEEN: 1. SRI. S. HEMANTHA KUMAR S/O K.V. SRINIVASA REDDY AGED ABOUT 48 YEARS 2. SRI. S. PRABHAKAR S/O K.V. SRINIVAS REDDY AGED ABOUT 45 YEARS ALL ARE R/AT NO. 143 4TH MAIN, BEML LAYOUT THUBARAHALLI, VARTHUR HOBLI BENGALURU-560 066. …PETITIONERS (BY SRI. P.N. NANJA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE DEUPTY COMMISSIONER BENGALURU URBAN, K G ROAD BENGALURU – 560 001. 2. THE TAHSILDAR K R PURAM BENGALURU – 560 036. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16662 WP No. 11527 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO DEMOLISH OR INTERFERE WITH THE LAND BEARING SY NO. 61/2 MEASURING 1 ACRE 35.04 GUNTAS SITUATED AT THUBARAHALLI VILLAGE, VARTHUR HOBLI, BENGALURU EAST AS THE PETITIONERS ARE THE ABSOLUTE OWNERS OF THE SAID PROPERTY. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This writ petition is filed seeking for a direction to the respondents not to demolish or interfere with the land bearing Sy.No.61/2 measuring 01 acre 35.04 guntas, situated at Thubarahalli Village, Varthur Hobli, Bengaluru East. 2. The learned AGA was directed take notice and secure instructions; he has placed on record a survey sketch to which the petitioner was also a party. She points out that in respect of Sy.No.61/2, there is an encroachment of 02 guntas, which is indicated in purple color in the sketch. - 3 - NC: 2025:KHC:16662 WP No. 11527 of 2025 3. The learned counsel for the petitioners submits that the petitioners are prepared to remove this encroachment by dismantling the compound wall that is erected. 4. The petitioners submit that to the extent of 02 guntas indicated in the purple colour in the sketch, the compound wall would be shifted back and thereby, the encroachment would be removed. The petitioners however seek for two weeks time to dismantle the compound wall voluntarily. 5. In view of the submissions made by the learned counsel for the petitioners, two weeks time is granted to the petitioners to remove the encroachment as indicated in the sketch, which is produced today and the encroached portion is indicated in purple color. 6. The writ petition is accordingly disposed of. - 4 - NC: 2025:KHC:16662 WP No. 11527 of 2025 7. In view of the disposal of the petition, the pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 60