- 1 - HC-KAR NC: 2025:KHC:21220 WP No. 25631 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 25631 OF 2024 (KLR-RES) BETWEEN: 1. FIROZE G S/O GHANI AHMED AGED ABOUT 44 YEARS R/O SUDURU HOBLI AYANUR, TQ AND DIST SHIVAMOGGA PIN-577211 …PETITIONER (BY SRI. H MALATESH.,ADVOCATE) AND: 1. THE STATE OF KARANTAKA REPRESENTED BY PRL REVENUE SECRETARY, 5TH FLOOR, 3RD GATE M S BUILDING, BENGALURU-01 2. THE OFFICE OF THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT SHIVAMOGGA PIN-577201 3. THE OFFICE OF THE ASSISTANT COMMISSIONER SHIVAMOGGA TALUK AND DISTRICT SHIVAMOGGA PIN-577211. 4. THE OFFICE OF THE TAHSILDAR TQ AND DIST SHIVAMOGGA PIN-577211 …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA) Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21220 WP No. 25631 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS DTD 29.12.2022 AND 24.07.2019 SUBMITTED BY THE PETITIONER TO THE R-2, 3 AND 4 PRODUCED AS ANNEXURE-D, E, F AND G AND DIRECT THEM TO TAKE NECESSARY ACTION BY REMOVING THE ENCROACHMENT AND BY PROVIDING ROADS TO THE LAND OF THE PETITIONER AND VILLAGERS AS SHOWN IN THE VILLAGE MAP AND DIRECT THE RESPONDENTS TO ACT UPON THE CIRCULAR DTD 20.10.2023 ISSUED BY THE REVENUE DEPARTMENT, PRODUCED AS ANNEXURE-K THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner has sought for direction to consider the representations dated 29.12.2022 and 24.07.2019 as per Annexures-D to G respectively, interalia sought for a direction to remove the encroachment, and also to provide road to the land of the petitioner and villagers as shown in the village map. 2. Heard Sri. H. Malatesh, learned counsel appearing for the petitioner, and Sri Siddarth Baburao, learned Additional Government Advocate appearing for the respondents. 3. Sri. H.Malatesh, learned counsel appearing for the petitioner contended that, by referring the village map and argued - 3 - HC-KAR NC: 2025:KHC:21220 WP No. 25631 of 2024 that, there was a pathway as shown in the village map for the ingress and egress of people in the village, and the same has been encroached by the neighbouring land owners and some other persons. In this regard, the representations have been made to the respondents - Authorities. Therefore, the same have not been considered, and accordingly sought for interference of this Court. 4. The learned counsel appearing for the petitioner also filed a memo dated 21.03.2025 along with the Sketch and the Spot Inspection Report of the Deputy Commissioner, Shimoga. He further contended that, the Deputy Commissioner after conducting the spot inspection arrived at a conclusion with regard to the encroachment made by some of the adjacent owners, and accordingly, he submitted that a direction may be issued to the respondents - Authorities to remove the encroachment insofar as the public road is concerned. 5. Per contra, Sri Siddharth Baburao, learned Additional Government Advocate appearing for the respondents - Authorities referred to the order dated 27.02.2007 passed by the Assistant Commissioner, Shimoga Sub-Division (Annexure-R1), wherein it is contended that, the road in which the claim made by the petitioner - 4 - HC-KAR NC: 2025:KHC:21220 WP No. 25631 of 2024 has not been utilized by public and no objection has been filed in respect of the land. Therefore, he sought for dismissal of the writ petition. 6. In light of the submissions made by the learned counsel appearing for the parties and the spot inspection conducted by the Deputy Commissioner, Shimoga would clearly indicate that there has been encroachment made by the third party/adjacent land owners. 7. In that view of the matter, taking into consideration the provision contained under Section 67 of the Karnataka Land Revenue Act, 1964, the respondent No.4 is hereby directed to take decision in the matter in light of the provision contained under Section 67 of the Karnataka Land Revenue Act, 1964 and the Sketch along with the Spot Inspection conducted on 23.07.2019 by the Deputy Commissioner, Shimoga. 8. In that view of the matter, a writ mandamus is issued to the respondent No.4 to implement the spot inspection report of the Deputy Commissioner dated 23.07.2019 (Annexure-R4) within a period of two months from the date of receipt of copy of this order. - 5 - HC-KAR NC: 2025:KHC:21220 WP No. 25631 of 2024 9. It is made clear that it is the duty of the respondents to act in accordance with Section 67 of the Karnataka Land Revenue Act, 1964 and to abide by the direction issued by the office of the Deputy Commissioner in terms of the report as per Annexure-R4. 10. With the above observations, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 72