- 1 - NC: 2025:KHC:2569 WP No. 28215 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 28215 OF 2024 (KLR-RES) BETWEEN: SRI B S SOMASHEKARAPPA, S/O SHANKARAPPA, AGED ABOUT 59 YEARS, R/AT BAANUR VILLAGE AND POST, SAKARAYAPATTANAHOBLI, KADURTALUK, CHIKKAMAGALURU DISTRICT-577 135. …PETITIONER (BY SRI MANJUNATH S, ADVOCATE) AND: 1. THE CHIEF SECRETARY, GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001. 3. THE DEPUTY COMMISSIONER, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR-577 101. 4. THE DEPUTY DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS OFFICE OF DEPUTY COMMISSIONER, CHIKKAMAGALUR-577 101. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:2569 WP No. 28215 of 2024 5. THE ASSISTANT COMMISSIONER, DEPARTMENT OF REVENUE, TARIKERE SUB DIVISION, B H ROAD, TARIKERE-577 228. 6. THE TAHSILDAR, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577 101. 7. THE ASSISTANT DIRECTOR, DEPARTMENT OF SURVEY SETTLEMENT AND LAND RECORDS OFFICE OF DEPUTY COMMISSIONER, CHIKKAMAGALUR-577 101. 8. THE SURVEYOR, KADUR-TALUK, CHIKKAMAGALUR-577 101. …RESPONDENTS (BY SMT. B.P RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 14.07.2024, PRODUCED AT ANNEXURE- "K-1" TO "K-8" ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner in the captioned petition is seeking mandamus against the respondents to consider petitioner's representation dated 14.07.2024 evidenced at Annexure-K1 to K8. - 3 - NC: 2025:KHC:2569 WP No. 28215 of 2024 2. Heard learned counsel for the petitioner and learned AGA for the respondents-State. 3. The present dispute pertains to the obstruction created in Sy.No.135/7 of Baanur Village and Post, Sakarayapattana Hobli, Kadur Taluk, Chikkamagaluru District. It is an undisputed fact that the said land is Government property. The petitioner has approached this Court aggrieved by the actions of certain adjoining landowners who have allegedly encroached upon the said land and obstructed the natural stream that flows through it. 4. The petitioner, in the captioned writ petition, particularly at paragraph 5, has averred that respondent no.6, in the past, had identified the encroachment and, in pursuance of the same, had conducted a survey and prepared a mahazar. Consequently, a sketch was drawn, and a show-cause notice under Section 104 of the Karnataka Land Revenue Act, 1964, was issued to the encroachers. Pursuant to this, the encroachment by the - 4 - NC: 2025:KHC:2569 WP No. 28215 of 2024 adjoining landowners was removed, as evidenced by Annexures-F, G, and H. 5. However, despite the earlier action taken by the authorities, the petitioner alleges that the adjoining owners have once again unlawfully obstructed the natural stream and encroached upon Sy.No.135/7. In light of this, the petitioner submitted a detailed representation to respondent no.6, the Tahsildar, requesting immediate action to clear the obstruction and ensure that the stream remains unobstructed and free-flowing. 6. The petitioner contends that despite the submission of the representation on 14.07.2024, the respondent authorities have remained inactive and have failed to restore the natural flow of the stream within Sy.No.135/7. The continued inaction of the authorities has resulted in significant hardship and inconvenience to the petitioner and the residents of the area, warranting immediate judicial intervention. - 5 - NC: 2025:KHC:2569 WP No. 28215 of 2024 7. Learned Additional Government Advocate (AGA), upon instructions, submits that the authorities have in fact taken steps to remove the encroachment. However, it appears that certain villagers have once again resorted to creating obstructions. The learned AGA further assures this Court that the authorities shall take stringent action against any fresh encroachments in accordance with the law and will ensure that the stream remains free of obstruction. Additionally, the learned AGA submits that appropriate undertakings will be secured from the adjoining landowners to prevent any future encroachments or obstructions in Sy.No.135/7. ORDER i. The writ petition is allowed. ii. Respondent no.6, the Tahsildar, is hereby directed to consider the petitioner's representation dated 14.07.2024 and take all necessary steps to remove any illegal encroachment in Sy.No.135/7 forthwith. - 6 - NC: 2025:KHC:2569 WP No. 28215 of 2024 iii. The said exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order. iv. Respondent no.6, the Tahsildar, is further directed to obtain suitable undertakings from the adjoining landowners who have been found to be obstructing the natural stream within Sy.No.135/7. These undertakings shall ensure that no further obstruction or encroachment takes place in the future. v. In the event of any future encroachment or obstruction, respondent no.6 shall initiate immediate action in accordance with law to remove the same without any delay. vi. The respondent authorities shall also take necessary preventive measures to ensure the unobstructed flow of the stream in Sy.No.135/7, preserving the ecological balance and public interest. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NP List No.: 1 Sl No.: 5