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2025 DAILYLAW 33852 (KAR)

SRI LAKASHMI KANTHAIAH v. THE STATE OF KARNATAKA

WP/24008/2023 · 2025-02-21

M I Arun

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:7948-DB WP No. 24008 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 24008 OF 2023 (KLR-RES-PIL) BETWEEN: 1. SRI LAKASHMI KANTHAIAH S/O LATE SIDDANNA AGED ABOUT 58 YEARS OCC AGRICULTURE R/AT HEMAPURA VILLAGE MAGADI TALUK, RAMANAGARA DISTRICT PIN CODE NO. 562120 2. SRI. JAGDISH S/O CHANNA BAIRAIAH AGED ABOUT 40 YEARS OCC AGRICULTURE RA/T HEMAPUR VILLAGE MAGADI TOWN, RAMANAGARA DISTRICT PIN CODE NO. 562120 3. SRI. RANGAIAH S/O LATE RAMAIAH AGED ABOUT 50 YEARS OCC AGRICULTURE R/AT HEMAPUR VILLAGE MAGADI TALUK, RAMANAGARA DISTRICT PIN CODE NO. 562120 …PETITIONERS (BY SRI. RAVINDRANATH K , ADVOCATE) Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:7948-DB WP No. 24008 of 2023 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR. B.R. AMBEDKAR BEEDHI BENGALURU 560 001 2. THE DEPUTYCOMMISSIONER RAMANAGARA TALUK AND DISRTRICT RAMANAGARA 562159 3. THE TAHSILDAR MAGADI TALUK MAGADI 562120 RAMANAGARA DISTRICT …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUION OF INDIA READ WITH SECTION 14(1) OF PIL ACT, PRAYING TO ISSUE WRIT OR ORDER OR DIRECTION IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS.2 AND 3 TO CONSIDER THE REPRESENTATION DATED 10/07/2023 FILED BY THE PETITIONER NOS.1 TO 3 ALONG WITH VILLAGERS VIDE ANNEXURES-B AND C AND ALSO DIRECT THE RESPONDENT NOS.2 AND 3 TO PROTECT THE LAND IN SY.NOS. 52, 53, 58, 62 OF HEMAPURA VILLAGE, SOLURU HOBLI, MAGADI TALUK, RAMANAGARA DISTRICT AS GOMALA LAND WHICH IS RESERVED FOR THE CATTLE FIELD AFTER REMOVING THE ENCROACHMENT IF MADE BY ANY THIRD PARTY AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:7948-DB WP No. 24008 of 2023 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) The prayer in this petition is to direct the Deputy Commissioner, Ramanagara Taluka and the Tahsildar, Magadi Taluka-respondent Nos.2 and 3 respectively to consider the representation of the petitioners dated 10.07.2023 and also to direct the said authorities to protect the land bearing Sy.Nos.52, 53, 58 and 62 of Hemapura Village, Soluru Hobli, Magadi Taluka, as gomal land which is stated to be reserved as cattle land. 2. The case of the petitioners is that the said land is reserved for cattle and it is a gomal land. It is the statement made in the petition that some miscreants have encroached upon the land which resulted in misuse of the said gomal land. Therefore, the prayer is made as above to protect the said gomal land. Reliance is placed on the order dated 28.01.2020 passed in Writ petition No.6914 of 2020, in which it is claimed that similar direction was prayed for. - 4 - NC: 2025:KHC:7948-DB WP No. 24008 of 2023 3. Learned Additional Government Advocate Smt. Niloufer Akbar, who appears upon service of copy of the petition, stated that the representation of the petitioners shall be considered in accordance with law and expeditiously. 4. Looking the nature of the prayer which is only for consideration of the representation of the petitioners and in view that the aspect of encroachment would require a factual inquiry at the hands of the competent authority, this petition deserves to be disposed of by directing respondent Nos.2 and 3 to consider the representation of the petitioners and after conducting inquiry, if any encroachment is found, to take appropriate action in law preferably, within ten weeks from today. 5. With the above directions and observations, without going into the merits of the case, the petition is disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 3