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2025 DAILYLAW 68797 (KAR)

SRI. KP SHIVANNA v. STATE OF KARNATAKA

WP/3915/2025 · 2025-08-07

R Devdas

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30639 WP No. 3915 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 3915 OF 2025 (KLR-RES) BETWEEN: SRI. KP SHIVANNA AGED ABOUT 52 YEARS, S/O LATE PILLAPPA RESIDING AT KUDURUGERE VILLAGE, JALA HOBLI, THARAHUNASE POST, YELHANKA TALUK, BENGALURU -562157 …PETITIONER (BY SRI. SHIVAKUMAR D A.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BANGALORE-560001 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE -560009 3. THE TAHSILDAR YELAHANKA TALUK, YALHANKA MINI VIDHANASOWDA BANGALORE-560064 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30639 WP No. 3915 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD. 10.07.2024 AS PER ANNEXURE-A TO PASS APPROPRIATE ORDERS TO REMOVE THE ENCROACHMENT OF ROAD AND TO MAKE A WAY FOR INGRESS AND EGRESS TO THE PETITIONER AND OTHER LAND OWNERS AND TO FORM THE ROAD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned AGA accepts notice for respondents. 2. The petitioner is seeking a writ of mandamus directing the 3rd respondent - Tahsildar, Yalahanka Taluk, to consider the representation at Annexure - A given by the petitioner and remove the encroachment made on the road portion. 3. However, learned AGA submits that even in terms of the representation at Annexure - A, it is not clear as to the encroachment made on the property belonging to the petitioner or the village road. No photographs are produced by the petitioner along with the representation. - 3 - HC-KAR NC: 2025:KHC:30639 WP No. 3915 of 2025 4. Learned AGA therefore submits that the petitioner is fishing for information by filing this writ petition. 5. There is a substance in the submission made by the learned AGA. The writ petition is dismissed while reserving liberty to the petitioner to give a proper representation along with photographs showing the encroachment and to name the persons who have encroached on public road, if any. If such information is given by the petitioner then the 3rd respondent shall immediately act upon to find out whether there is encroachment on a public road. Ordered accordingly. Sd/- (R DEVDAS) JUDGE TIN List No.: 1 Sl No.: 5