- 1 - HC-KAR NC: 2025:KHC:41775-DB WA No. 1423 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 1423 OF 2025 (KLR-RES) BETWEEN: SMT. RUKKAMMA W/O SRI T.L. KEMPAIAH AGED ABOUT 62 YEARS R/O JAVANEGOWDANA DODDI KANNALI VILLAGE, KASABA HOBLI, MANDYA TALUK MANDYA DISTRICT 571 401 …APPELLANT (BY SRI. NAVEEN J.N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, DEPT OF REVENUE, M S BUILDING BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401. 3. THE ASSISTANT COMMISSIONER MANDYA SUB-DIVISION MANDYA - 571 401. Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41775-DB WA No. 1423 of 2025 4. THE TAHSILDAR MANDYA TALUK MANDYA DISTRICT-571 401. 5. J.N.CHIKKA MADAIAH, S/O LATE NINGE GOWDA, AGE 61 YEARS, 6. K.PREMA, W/O RAMANA, AGED ABOUT 59 YEARS, 7. CHENNAMMA, W/O LATE NAGARAJU, AGED ABOUT 52 YEARS, 8. KRISHNA, S/O NINGEGOWDA, AGED ABOUT 56 YEARS, 9. SMT. JAYALAKSHMI, W/O LATE PUTTASWAMY, AGED ABOUT 49 YEARS, 10. SACHIN, S/O LATE NINGAIAH, AGED ABOUT 34 YEARS, 11. NINGAIAH, S/O NINGEGOWDA, A GED ABOUT 70 YEARS, 12. PADMAMMA, W/O KEMPAIAH, AGED ABOUT 49 YEARS, 13. ANUSUYA, W/O NAGARAJ, AGED ABOUT 50 YEARS, 14. NAGARAJU, - 3 - HC-KAR NC: 2025:KHC:41775-DB WA No. 1423 of 2025 W/O KEMPAIAH, AGED ABOUT 45 YEARS, R-5 TO R-14 ARE RESIDING AT JAWANAGOWDANADODDI VILLAGE, MANDYA TALUK, MANDYA DISTRICT-571 404. 15. C.PUTTASWAMY GOWDA, S/O CHANNAIAH, AGED ABOUT 55 YEARS, 16. JAYARAM, S/O CHANNAIAH, AGED ABOUT 68 YEARS, 17. RAMACHANDRA K.K., S/O KAILASH, AGED ABOUT 61 YEARS, R-15 TO R-17 ARE RESIDING AT KAGEHALLADODDI VILLAGE, MANDYA TALUK, MANDYA DISTRICT-571 404. …RESPONDENTS (BY SRI. M.N. SUDEV HEGDE, AGA FOR R1 TO R4, SRI. K. MURTHY, ADVOCATE FOR C/R5-9, R11 TO R17) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE IN WP NO.15744/2021 DATED 07/07/2025 AND ALLOW THE APPEAL ACCORDINGLY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K - 4 - HC-KAR NC: 2025:KHC:41775-DB WA No. 1423 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present Writ Appeal has been filed impugning the judgment and order dated 07.07.2025 passed by the learned Single Judge in W.P.No.15744/2021 filed by the petitioner/appellant. 2. The challenge in the Writ Petition was order dated 31.05.2017 passed by respondent No.4-Tahsildar and order dated 20.08.2018 passed in R.A.No.22/2017 by respondent No.3-Assistant Commissioner, Mandya Sub-Division, Mandya and order dated 13.07.2021 passed in R.A.No.12/2018 by respondent No.2-Deputy Commissioner. All three authorities have concurrently held that the petitioner has constructed the house on a public road and therefore, she was directed to remove the same. As three authorities have concurrently held that the petitioner constructed the house encroaching upon the public land, the learned Single Judge has rightly dismissed the Writ Petition. 3. The contention of the petitioner that the notice was not served before conducting the survey and before preparing - 5 - HC-KAR NC: 2025:KHC:41775-DB WA No. 1423 of 2025 the sketch has been specifically dealt by the learned Single Judge and taking into consideration the Annexure-R1-Notice produced by the respondents, the said contention has been negatived. We, therefore, find no error in the impugned judgment and the Writ Appeal is hereby dismissed. Pending Interlocutory Applications, if any, shall stand disposed of. SD/- (D K SINGH) JUDGE SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 23