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2025 DAILYLAW 30782 (KAR)

SRI. D. PUTTARAJU v. STATE OF KARNATAKA

WP/19620/2025 · 2025-07-04

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24251 WP No. 19620 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.19620 OF 2025 (KLR-RES) BETWEEN: 1. SRI. D. PUTTARAJU S/O LATE THIMME GOWDA @ UGRE GOWDA AGED ABOUT 76 YEARS 2. SRI. D T SHANMUKHE GOWDA S/O LATE THIMME GOWDA @ UGRE GOWDA AGED ABOUT 56 YEARS 3. SRI. VENKATESH S/O LATE MUDDE GOWDA AGED ABOUT 56 YEARS 4. SRI. SREENIVAS S/O LATE MUDDE GOWDA AGED ABOUT 66 YEARS 5. SRI. NAGESH S/O LATE NANJE GOWDA AGED ABOUT 46 YEARS 6. SRI. BALAKRISHNA S/O LATE NANJE GOWDA AGED ABOUT 56 YEARS 7. SRI DEVARAJ S/O KARIYAPPA AGED ABOUT 56 YEARS Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24251 WP No. 19620 of 2025 8. SRI UMESH S/O PUTTARAJU AGED ABOUT 46 YEARS PETITIONERS NOS. 1 TO 8 ARE RESIDENT OF DODDENAHALLI VILLAGE, GONDANAHALLI POST, BINDIGANAVILE HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT-571418. …PETITIONERS (BY SRI. T.P. VIVEKANANDA, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, TO GOVERNMENT DEPARTMENT OF REVENUE M S BUILDING, DR. B R AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571401. 3. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION PANDAVAPURA MANDYA DISTRICT-571401. 4. THE TAHSILDAR NAGAMANGALA TALUK NNAGAMANGALA MANDYA DISTRICT-571401. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA ) - 3 - HC-KAR NC: 2025:KHC:24251 WP No. 19620 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO QUASH THE NOTICES BEARING NO. ENCROACHMENT/CR/2025-26 DATED 11.06.2025 RESPECTIVELLY AT ANNEXURE-N, N.1 TO N.5 ISSUED BY THE FOURTH RESPONDENT; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for the respondents. 2. Heard learned counsel appearing for the parties. 3. In this writ petition, petitioners are assailing the notice produced at Annexure-N series, issued by respondent No.4, wherein, by the said notice, respondent No.4 has directed the petitioners to vacate the schedule land from their possession. - 4 - HC-KAR NC: 2025:KHC:24251 WP No. 19620 of 2025 4. It is the case of the petitioners that, the petitioners herein have filed application in Form-53, as per Annexures - H, J & K. 5. In that view of the matter, taking into consideration that the application made by the petitioners herein are pending consideration before the respondent - authorities, wherein the competent Committee has to take decision in so far as regularising the unathorised occupants under the provisions of Rule 108-CC of the Karnataka Land Revenue Rules, 1966, the interference is called for in this Writ Petition. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The impugned notices at Annexures - N, N1 to N5, issued by respondent No.4, are hereby quashed. (iii) It is made clear that the respondents shall not interfere with the possession and enjoyment of the petitioners till the consideration of the - 5 - HC-KAR NC: 2025:KHC:24251 WP No. 19620 of 2025 applications of the petitioners seeking regularisation of their land under Section 94-B of the Karnataka Land Revenue Act, 1964 read with Rule 108-CC of the Karnataka Land Revenue Rules, 1966. SD/- (E.S.INDIRESH) JUDGE sac List No.: 2 Sl No.: 3