Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:40083 WP No. 28876 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28876 OF 2025 (KLR-RES) BETWEEN:
1.
VASANTH KUMAR T S/O UMA AGED KABOUT 28YEARS R/A # 42, BDA LAYOUT JAMBUSAVARIDINNE J P NAGAR 8TH PHASE GOTTIGERE BANGALORE - 560 076
2.
SMT V UMA W/O T VEERASWAMY AGE ABOUT 48 YEARS NO 42 JAMBUSAVARIDINNE GOTTIGERE BANGALORE 560 076
3.
SELVA KUMAR V S/O T VEERASWAMY AGE ABOUT 40 YEARS NO 42 JAMBUSAVARIDINNE J P NAGAR 8TH PHASE GOTTIGERE BANGALORE - 560 076 Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:40083 WP No. 28876 of 2025
4.
SMT HAMSAVALLI W/O VEERASWAMY AGE ABOUT 45 YEARS R/A #42 JAMBUSAVARIDINNE J P NAGAR 8TH PHASE GOTTIGERE BANGALORE - 560 076 … PETITIONERS (BY SRI. SRIKANTH N V., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K G ROAD BANGALORE - 560 009
2.
THE TAHASILDAR BANGALORE SOUTH TALUK BANGALORE - 560 009 … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION DIRECTING THE RESPONDENTS NOT TO DEMOLISH THE HOUSES PERTAINING TO THE PETITIONERS HEREIN AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
- 3 -
HC-KAR NC: 2025:KHC:40083 WP No. 28876 of 2025 ORAL ORDER
Petitioners have sought for issuance of writ of mandamus directing the respondents not to demolish houses pertaining to the petitioners.
2. It is the case of the petitioners that their unauthorised occupation was regularised by virtue of the deeds executed at Annexures-A to D. It is submitted that certain third persons have been making frivolous complaints and the State Authorities are interfering with the petitioners' possession and title having devolved upon them as evidenced by the deeds at Annexures-A to D.
3. Learned Additional Government Advocate upon instructions submits that there has been encroachment of government land in Survey No. 46. It is further asserted that their concern is as regards encroachment which falls outside the deeds at Annexures-A to D.
4. Perused the notice at Annexure-J. In light of the stand of both sides as noticed above, the petition is
- 4 -
HC-KAR NC: 2025:KHC:40083 WP No. 28876 of 2025
disposed off restraining the respondents from interfering with the possession of the petitioners as per Annexures-A to D, while reserving liberty to proceed with the notice at Annexure-J. Petitioners to make out their reply to the notice at Annexure-J, while observing that the proceedings at Annexure-J would relate to land other than that is the subject matter of Deeds of Transfer at Annexures-A to D.
5. Needless to state in the event of any survey to be conducted, the same to be done in the presence of affected parties including the petitioners. In order to put rest to the controversy of alleged encroachment, the Authorities have stated that they intend to carry out survey. Petitioners to be present at the spot when survey is sought to be conducted on 16.10.2025 at 11.30 a.m.
6. Subject to the above observations, petition is
disposed off. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE VP