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2025 DAILYLAW 64994 (KAR)

M/S TUNGABHADRA SOLAR PARKS PRIVATE LIMITED v. THE STATE OF KARNATAKA

WP/108973/2025 · 2025-11-26

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:16508 WP No. 108973 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 26TH DAY OF NOVEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 108973 OF 2025 (KLR-RES) BETWEEN: M/S TUNGABHADRA SOLAR PARKS PRIVATE LIMITED A COMPANY REGISTERED UNDER THE COMPANIES ACT 2013, HAVING ITS REGISTERED OFFICE AT S-2904, 29TH FLOOR WORLD TRADE CENTRE, BRIGADE GATEWAY CAMPUS, 26/1, DR. RAJKUMAR ROAD, MALLESWARAM, RAJAJINAGAR, BENGALURU-560055, REPRESENTED BY ITS AUTHORISED SIGNATORY. …PETITIONER (BY SRI. VIKRAM HUILGOL, SENIOR COUNSEL FOR SRI. ABHINAY S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, VIKASA SOUDHA, DR. B R AMBEDKAR VEEDHI, BENGALURU-560001, REPRESENTED BY ITS SECRETARY. 2. THE STATE OF KARNATAKA REVENUE DEPARTMENT, 3RD GATE, 5TH FLOOR, MS BUILDING, DR. AMBEDKAR VEEDI, BANGALORE-560001, REPRESENTED BY ITS SECRETARY. 3. THE COMMISSIONER, SURVEY SETTLEMENT AND RECORDS, LAND RECORDS OFFICES, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:52:33 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16508 WP No. 108973 of 2025 SSLR BUILDING, K.R.CIRCLE, BANGALORE-560001. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR), CHIKKODI DISTRICT, BELGAUM-591222. 5. TOWN PANCHAYAT COUNCIL, URBAN DEVELOPMENT DEPARTMENT, KABBUR, CHIKKODI DISTRICT, BELGAUM-591222, REPRESENTED BY ITS CHIEF OFFICER. 6. SHRI. LAKSHMAN SATYEPPA KAMATE, SHASTRI NAGAR, BELAGAVI, BELGAUM-590001. …RESPONDENTS (BY SMT. MALA B.BHUTE, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING THE IMPUGNED FINAL ORDER DATED 03.11.2025 PASSED BY THE ASSISTANT DIRECTOR OF LAND RECORDS (ADLR), CHIKKODI TALUK, IN RESPECT OF SURVEY NOS. 712/2 AND 712/8 OF KABBUR VILLAGE, NAGARAMUNOLI HOBLI, CHIKKODI TALUK, DISTRICT BELAGAVI AND THE HUDBUST THE FOR LAND IN SY. NO. 712/8 DATED 20.06.2025 (VIDE ANNEXURE-B AND B1) AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:16508 WP No. 108973 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned Senior counsel appearing for the petitioner and the learned Government Advocate appearing for respondents 1 to 4. 2. Learned Senior counsel appearing for the petitioner would submit that there is a boundary dispute between the petitioner’s landlord and respondent No.6 and it appears that a survey is conducted and survey is questioned by the petitioner’s landlord by filing an appeal before the Assistant Director of Land Records, Chikkodi. 3. Petition is filed assailing the said order dated 03.11.2025 passed by the Assistant Director of Land Records. 4. Without entering into the question as to whether the tenant can file an appeal against the said order, the Court is of the view that the boundary dispute raised by the petitioner can be agitated before the competent Civil Court. - 4 - HC-KAR NC: 2025:KHC-D:16508 WP No. 108973 of 2025 5. Learned Senior counsel at this juncture would submit that the officials from the Revenue Department are interfering with the possession of the petitioner and trying to dismantle the structures put up by the petitioner who is the lessee in respect of the petition property. 6. At this juncture, learned Government Advocate on instructions would submit that the officials had been to the petition property only at the time of survey and not thereafter. 7. Submission is placed on record. 8. If there is any such apprehension of forcible dispossession, it is open for the petitioner to implead such officials as a party to the suit and in case any interim order is sought, the Court shall issue notice to the Government Advocate and the other parties and pass appropriate interim measures. 9. The writ petition is disposed of with aforesaid observations. - 5 - HC-KAR NC: 2025:KHC-D:16508 WP No. 108973 of 2025 10. It is made clear that the Court has not expressed anything on the merits of the matter. Sd/- (ANANT RAMANATH HEGDE) JUDGE BRN CT:BCK LIST NO.: 1 SL NO.: 28