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2025 DAILYLAW 74308 (KAR)

SRI VATAL NAGARAJ M v. THE GOVERNMENT OF KARNATAKA

WP/35256/2024 · 2025-08-29

C M Joshi

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33533-DB WP No. 35256 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 35256 OF 2024 (KLR-RES-PIL) BETWEEN: 1. SRI VATAL NAGARAJ M S/O. CHIKKAMUNISWAMY AGED ABOUT 50 YEARS NADAVATHI VILLAGE HOSAKOTE BENGALURU RURAL DISTRICT - 560 067. 2. SRI ANNAIAH S/O. MADDURAPPA AGED ABOUT 48 YEARS, THE STATE PRESIDENT THE KARNATAKA RAJYA BADAVARA HITARAKSHANA VEDIKE (R), 1ST MAIN ROAD, NEAR GOVERNMENT SCHOOL AMBEDKAR NAGAR WHITEFIELD, BENGALURU - 560 066. 3. SRI ABHI S/O. RAMAKRISHNA AGED ABOUT 38 YEARS INFRONT OF SOMU BAKERY VIJAYANAGAR WHITEFIELD BENGALURU - 560 066. …PETITIONERS (BY SRI HEGDE RAMAKRISHNA S., ADVOCATE) Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33533-DB WP No. 35256 of 2024 AND: 1. THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT M.S.BUILDING BENGALURU - 560 001 REPRESENTED BY ITS ADDITIONAL SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU - 560 001. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION 2ND FLOOR, KANDAYA BHAVAN K.G. ROAD, BENGALURU - 560 009. 4. THE TAHSILDAR, BENGALURU EAST TALUK BENGALURU RURAL - 560 036. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS BENGALURU EAST TALUK K.R. PURAM - 560 036. 6. M.G.CHARITABLE TRUST NO. 147, HIRANDAHALLI VIRGO NAGAR POST BIDARAHALLI HOBLI BENGALURU EAST TALUK BENGALURU - 560 049 REPRESENTED BY ITS TRUSTEE SR. PRAMOD S.V. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 5) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER/ DIRECTION DIRECTING THE RESPONDENT No.1 TO 4 TO TAKE APPROPRIATE LEGAL ACTION AGAINST THE ILLEGAL ENCROACHMENT OF 6TH RESPONDENT ON - 3 - HC-KAR NC: 2025:KHC:33533-DB WP No. 35256 of 2024 RAJAKALUVE KHARAB LAND AND ROAD IN Sy. No.144/6, 144/7, 144/10, 144/11, 145, 146, 147/1, 147/2, 148, 148/2 AND 150 OF THE HIRANDAHALLI VILLAGE, BIDARAHALLI HOBLI BENGALURU EAST TALUK & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The petitioners have filed the present public interest litigation, alleging that respondent No. 6 has carried on illegal construction by encroaching on Rajakulave and other kharab lands comprising in Survey Nos. 144/6, 144/7, 144/10, 144/11, 145, 146, 147/1, 147/2, 148, 148/2 and 150 of Hirandahalli village, Bidarahalli Hobli, Bengaluru East Taluk. 2. In view of the averments made in the present petition, we consider it apposite to direct the respondents to examine the petitioners' complaint and if it is found that construction has been carried on illegally by encroaching on Rajakaluve and kharab - 4 - HC-KAR NC: 2025:KHC:33533-DB WP No. 35256 of 2024 lands, the respondent Nos. 1 to 5 shall take the necessary steps, in accordance with law. 3. The petition is disposed of in the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 10