Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36098 WP No. 24297 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.24297 OF 2025 (KLR-RES)
BETWEEN:
SRI. RANGASWAMY S/O. LATE KRISHNAPPA AGED ABOUT 39 YEARS OCCUPATION: AGRICULTURIST R/AT: H. RANGAPURA VILLAGE, KASABA HOBLI TARIKERE TALUK, CHIKKAMAGALURU DISTRICT KARNATAKA – 577 228. …PETITIONER (BY SRI SAGAR B. B., ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY SECRETARY REVENUE DEPARTMENT M. S. BUILDING, BENGALURU KARNATAKA – 560 001.
2.
THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU KARNATAKA – 577 228.
3.
THE ASSISTANT COMMISSIONER TARIKERE SUB-DIVISION TARIKERE CHIKKAMAGALURU DISTRICT KARNATAKA – 577 228.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:36098 WP No. 24297 of 2025
4.
THE TALUK SURVEYOR SURVEY DEPARTMENT TARIKERE, CHIKKAMAGALURU DISTRICT KARNATAKA – 577 228.
5.
THE TAHSILDAR TARIKERE, TARIKERE TALUK CHIKKAMAGALURU DISTRICT KARNATAKA – 577 228.
6.
THE REVENUE INSPECTOR TALUK OFFICE, TARIKERE CHIKKAMAGALURU DISTRICT KARNATAKA – 577 228.
7.
SMT. KAVITHA W/O. LATE LOKESH AGED ABOUT 55 YEARS R/AT M. C. HALLI, TARIKERE TALUK CHIKKAMAGALURU DISTRICT KARNATAKA – 577 228. …RESPONDENTS
(BY SRI MOHAMMAD JAFFAR SHAH, A.G.A., FOR R-1 TO R-6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS HEREIN TO CONSIDER THE REPRESENTATION DATED 08.07.2024 VIDE ANNEXURE-G AND DIRECTING THE RESPONDENT NOS. 4, 5 AND 6 TO IMPLEMENT ORDERS PASSED BY THE TAHSILDAR RESPONDENT NO.5 HEREIN VIDE ANNEXURE ‘F’ DATED 19.07.2022 BEARING NO.LND.CR.71/2021-2022, ANNEXURE ‘F1’ DATED 27.03.2023 BEARING NO.LND.CR.71/2021-2022 AND ANNEXURE ‘F2’ DATED 31.07.2024 BEARING NO. L.N.D.CR-71/2021-2022 FOR REMOVING THE ILLEGAL ENCROACHMENT OF 16 GUNTAS IN SY.NO.77 OF LAND SITUATED AT H. RANGAPURA VILLAGE, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT AND ETC.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:36098 WP No. 24297 of 2025
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER Learned Additional Government Advocate takes notice for respondents No.1 to 6. Notice to respondent No.7, is not necessary for the following reasons:
The petitioner is aggrieved of the unauthorized encroachment at the hands of respondent No.7 herein and is seeking directions to the revenue authorities to remove the encroachment.
2. Learned Additional Government Advocate raises an objection stating that if a private party being a neighbour of the petitioner is said to have encroached upon the property belonging to the petitioner, then the petitioner will have to approach a competent civil court for redressal of grievance and the revenue authorities cannot be invited to redress the grievance of the petitioner. Learned Additional Government Advocate submits that the provisions of the Karnataka Land Revenue Act, 1964, more
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HC-KAR NC: 2025:KHC:36098 WP No. 24297 of 2025
particularly, Chapter 11 is regarding the Record of Rights and the maintenance of revenue records, and the provisions are made under the said Chapter for entry in the revenue records. Insofar as an encroachment made by a private party is concerned, the petitioner will have to approach the competent civil court for redressal of grievance.
3. There is a substance in the submissions of the learned Additional Government Advocate.
4. When admittedly, the contention of the petitioner is that respondent No.7 has encroached upon the property belonging to the petitioner, then the petitioner will have to approach a competent civil court to redress his grievance and he cannot seek assistance of the revenue authorities to remove the encroachment.
5. With these observations, the writ petition stands
disposed of.
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HC-KAR NC: 2025:KHC:36098 WP No. 24297 of 2025
6. Office to return the certified copies/original documents to the petitioner while retaining a copy of the same for the file.
7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
DL CT:VC