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2025 DAILYLAW 71218 (KAR)

SMT. KAVITHA M v. THE CHIEF SECRETARY

WP/28133/2025 · 2025-09-17

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37539 WP No. 28133 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28133 OF 2025 (KLR-RES) BETWEEN: SMT. KAVITHA M W/O SRI RAMESH RAJ.B.S, AGED ABOUT 32 YEARS, R/AT DODDAGANDLAHALLI VILLAGE AND POST, KYASAMBALLI HOBLI, K.G.F TALUK, KOLAR DISTRICT-563121. …PETITIONER (BY SRI. VASANTHAPPA., ADVOCATE) AND: 1. THE CHIEF SECRETARY THE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR-563101. 3. THE TAHSILDAR, K.G.F TALUK, K.G.F-563113. 4. THE EXECUTIVE OFFICER, KYASAMBALLI K.G.F MAIN ROAD, PARNADAHALLI VILLAGE AND POST K.G.F TALUK, K.G.F-563122. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37539 WP No. 28133 of 2025 5. THE PANCHAYATH DEVELOPMENT OFFICER, JAKKARASAKUPPA GRAMAPANCHAYATH AND POST, KYASAMBALLI HOBLI, K.G.F.TALUK-563122. 6. SRI RANGANATH, S/O NAGAPPA, AGED ABOUT 45 YEARS, DODDAGANDLAHALLI VILLAGE, KYASAMBALLI HOBLI, K.G.F TALUK, KOLAR DISTRICT-563121. 7. SRI SUBRAMANI, S/O VENKATESHAPPA, AGED ABOUT 40 YEARS, R/AT DODDAGANDLAHALLI VILLAGE, KYASAMBALLI HOBLI, K.G.F TALUK, KOLAR DISTRICT-563121. 8. SRINIVAS, S/O VENKATESHAPPA, AGED ABOUT 40 YEARS, R/AT DODDAGANDLAHALLI VILLAGE, KYASAMBALLI HOBLI, K.G.F TALUK, KOLAR DISTRICT-563121. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3, R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-1 TO 5 FROM REMOVING THE FENCING PUT UP BY THE PETITIONER TO HER LANDS DIRECT R-1 TO 5 NOT TO FORM ROAD AT MIDDLE OF THE PETITIONER LAND INCLUDING THE COSTS OF THE PROCEEDINGS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37539 WP No. 28133 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos. 1 to 3 and 5. Notice to the other respondents is not necessary for the following reasons. 2. The petitioner contends that he has got a legal notice issued in terms of Annexure-C to the respondents herein calling upon them to remove the road formed in the property belonging to the petitioner, failing which, the petitioner will take action in accordance with law. 3. Learned Additional Government Advocate submits that if the land belonging to the petitioner has been encroached upon or illegally used for any purpose without the permission of the petitioner, then the petitioner will have to approach a competent civil court to redress her grievance. - 4 - HC-KAR NC: 2025:KHC:37539 WP No. 28133 of 2025 4. There is substance in the submission of the learned Additional Government Advocate. A legal notice has been issued on behalf of the petitioner to the respondent authorities, therefore the petitioner will have to pursue the avenue open for the petitioner in accordance with law, to protect her interest if someone is encroaching upon her property. 5. With these observations, the writ petition stands disposed of. Ordered accordingly. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT:BHK