- 1 - NC: 2025:KHC:137-DB WP No. 23492 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 23492 OF 2024 (GM-RES-PIL) BETWEEN: 1. SRI ASHOK ACHARYA S/O LATE SRIDHARA ACHARYA AGED ABOUT 42 YEARS R/AT COFFEENADKA, NANDRIJALU HOUSE TENKAKARANDUR VILLAGE AND POST BELTHANGADI TALUK D.K. DISTRICT-574 217. …PETITIONER (BY SRI RAVIKUMAR G.H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING, BENGALURU-560 001. 2. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT DAKSHINA KANNADA- 575 008. 3. ASSISTANT COMMISSIONER PUTHHUR SUB-DIVISION PUTHHUR, D.K. DISTRICT-574 201. Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:137-DB WP No. 23492 of 2024 4. THASILDAR BELTHANGADI TALUK BELTHANGADI D.K. DISTRICT-574 214. 5. SRI MAHAGANAPTHI SEVA TRUST KANIYURU VILLAGE KOKKADA HOBLI BELTHANGADI TALUK D.K. DISTRICT-574 198 REPRESENTED BY ITS PRESIDENT SRI YASHODHARA SHETTY. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R.1 TO R.4; R.5 SERVED & UNREPRESENTED.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14 (1) OF THE HIGH COURT OF KARNATAKA (PRACTICE AND PROCEDURE FOR PUBLIC INTEREST LITIGATION) RULES-2018 PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE RESPONDENT NOS.1 TO 4 TO RECOVER THE GOVERNMENT LAND, BY REMOVING THE UNAUTHORIZED CONSTRUCTION MADE BY THE RESPONDENT No.5, IN SY.No.27/1A OF KANIYURU VILLAGE, KOKKADA HOBLI, BELTHANGADI TALUK, D.K. DISTRICT, AS PER THE REPRESENTATIONS DATED 22.07.2024 AND 05.08.2024 VIDE ANNEXURES-M, N AND P, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:137-DB WP No. 23492 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. G.H. Ravikumar for the petitioner and learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 4 who appeared upon service of notice issued by the Court. 2. Claiming to be a public spirited person and projecting himself to be a social activist, the petitioner has filed this petition styling it as public interest litigation seeking direction against respondent Nos.1 to 4-authorities to recover the government land by removing the unauthorised construction allegedly made by respondent No.5- Trust. 3. The case of the petitioner inter alia is that the land in Survey No.27/1A measuring 11 Acres and 90 Cents, which is a government land situated at Kaniyuru village, Kokkada Hobli, Belthangady Taluka, Dakshina Kannada District has, to its - 4 - NC: 2025:KHC:137-DB WP No. 23492 of 2024 adjacent, a playground in Survey No.265/1A1 measuring 1 Acre and 83 Cents. 3.1. It is the case that with mala fide intention, respondent No.5- Trust and its office bearers have encroached upon the said land where there is playground and have started construction. It is stated that the petitioner has given a complaint to the authorities, but no action is taken. 3.2. From the averments in the petition, it transpires that the petitioner has already made several representations requesting the authorities to take steps to stop the alleged illegal construction by respondent No.5. The said representations are not attended to. 4. Learned Additional Government Advocate submitted from the record of the petition including the photographs figuring at Annexures-C and D (pages 30 and 31) that the construction sought to be complained of is not a pakka construction. She further submitted that even notice was issued by the Tahsildar to take over possession of the said construction. 5. In view of the above developments and in view that the representations of the petitioner are pending, without going into the - 5 - NC: 2025:KHC:137-DB WP No. 23492 of 2024 merits of the case, the petitioner is given liberty to pursue the representations. 6. The authorities shall verify the factual aspects of the subject matter and shall act in accordance with law. 7. With the above limited observations, the present petition is not entertained and it stands dismissed. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 35