- 1 - HC-KAR NC: 2025:KHC:53128 WP No. 25075 of 2025 C/W WP No. 29807 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 25075 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 29807 OF 2025 (KLR-RES) IN W.P. No. 25075/2025 BETWEEN: 1. SRI H R BABU S/O LATE RAMAPPA, AGED ABOUT 53 YEARS, RESIDING AT HULKUR VILLAGE, HULKUR GRAMA PANCHAYATH, BELTHAMANGALA HOBLI, KGF TALLUK, KOLAR DISTRICT- 563 116 … PETITIONER (BY SRI. MAHESH H.V., ADVOCATE FOR SRI V. ANAND., ADVOCATE) AND: 1. THE CHIEF SECRETARY STATE OF KARNATAKA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:53128 WP No. 25075 of 2025 C/W WP No. 29807 of 2025 3. THE TAHSILDAR, KGF TALUK, KOLAR DISTRICT - 563 122 4. SRI. K. MAHESH KUMAR S/O KALYAN KUMAR AGED ABOUT 40 YEARS KGF TALUK, KOLAR DISTRICT-563 122 … RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3; SRI S. JAYARAM BHATT, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE THIRD RESPONDENT TO EVICT THE R-4 FROM THE AFORESAID LAND AS PER SECTION 104 OF KARNATAKA LAND REVENUE ACT AND ETC. IN W.P. NO. 29807/2025 BETWEEN: 1. RAJESHWARI W/O KALYANKUMAR G. AGED ABOUT 63 YEARS R/AT NO. 15, HULKUR VILLAGE, BETAMANGALA HOBLI, KGF TALUK (EARLIER BANGARPET TALUK) KOLAR DISTRICT-563 116. ... PETITIONER (BY SRI. JAYARAMA BHATT S., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:53128 WP No. 25075 of 2025 C/W WP No. 29807 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563 101. 3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR-563 101. 4. THE TAHASILDHAR KGF TALUK, KOLAR GOLD FIELDS-563 115 KOLAR DISTRICT. ... RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS COMMANDING THE FORTH RESPONDENT TO IMPLEMENT THE ORDER DATED 14.03.2025 PASSED BY R3 IN RA NO. 468/2024 FORTHWITH AND ETC. THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:53128 WP No. 25075 of 2025 C/W WP No. 29807 of 2025 CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER W.P.No.25075/2025 has been filed seeking for issuance of writ of mandamus directing the respondent - Tahsildar to evict the 4th respondent i.e., Sri. K. Mahesh Kumar from the land by invoking the power under Section 104 of the Karnataka Land Revenue Act. 2. The petitioner has raised various contentions including that the 4th respondent is an unauthorised occupant and is squatting on the property and that despite the land being shown as Government land reserved for burial ground, the 4th respondent is permitted to remain in possession. 3. Sri. S. Jayaram Bhatt, learned counsel appearing for respondent No.4 submits that respondent No.4 is claiming rights through Hakku Patra issued. - 5 - HC-KAR NC: 2025:KHC:53128 WP No. 25075 of 2025 C/W WP No. 29807 of 2025 4. Learned Additional Government Advocate submits that the respondents do not admit the correctness of the document relied upon by respondent No.4. 5. W.P.No. 29807/2025 has been filed by Smt. Rajeshwari, who is the mother of Sri. K. Mahesh Kumar, who is the 4th respondent in W.P.No. 25075/2025, for the relief of issuance of writ of mandamus to direct the Tahsildar to implement the order passed in R.A.No.468/2024. R.A.468/2024 was disposed of with a direction to examine the genuineness of Hakku Patra and then take appropriate action. 6. Learned counsel appearing for the petitioner in W.P.No. 29807/2025 has filed a memo seeking withdrawal of the writ petition and submits that petitioner is dead and her legal heirs would vent their legal grievance before the Karnataka Appellate Tribunal. Accordingly, he seeks liberty to keep open the legal grievance. The memo reads as follows: - 6 - HC-KAR NC: 2025:KHC:53128 WP No. 25075 of 2025 C/W WP No. 29807 of 2025 "The above Writ Petition was filed under the instruction from the petitioner and office objections were raised and I had written to the petitioner to furnish better copies of the documents to comply with the office objection and unfortunately I did not receive reply from her, but later on 20.11.2025 I received a letter from the said petitioner's son by name K.Mahesh Kumar informing that her mother is dead and he has perused the Writ Papers and is of the opinion that there is alternative remedy to challenge the order before the Karnataka Appellate Tribunal (Revenue) and hence has instructed me to withdraw the writ petition and the said Mahesh Kumar being petitioner's eldest son along with his father and petitioner's husband and his younger brother Sathish.H.K. will separately prefer an alternative appeal before the Karnataka Appellate Tribunal (Revenue). 2. The copy of the letter received from Shri.K.Mahesh Kumar is enclosed with this Memo. 3. Wherefore I humbly pray to dismiss the Writ Petition has (sic) withdrawn to secure the ends of justice." - 7 - HC-KAR NC: 2025:KHC:53128 WP No. 25075 of 2025 C/W WP No. 29807 of 2025 7. In light of the memo filed seeking withdrawal of W.P.No.29807/2025, it would be appropriate to dispose of W.P.No.29807/2025 as well as W.P.No. 25075/2025 in terms of the following: ORDER a. W.P.No.29807/ 2025 is disposed of reserving liberty as regards the grievance raised in the present petition to be raised before the appropriate authority. b. Insofar as the contentions raised in W.P.No. 25075/2025, needless to state the said contentions raised are aspects to be taken note of by the Government and in the event any right is sought insofar as property in Sy. No.11 of Hulkur Village, Kolar District, it is open for the Government to take its stand if there are no rights that are recognised as following to the private persons as regards such land. c. Needless to state, the Government is required to ensure that the land is free from encroachment - 8 - HC-KAR NC: 2025:KHC:53128 WP No. 25075 of 2025 C/W WP No. 29807 of 2025 and utilised only for the purpose for which it is reserved. The other contentions are kept open. d. Accordingly, W.P.No. 25075/2025 is also disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP