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2025 DAILYLAW 78170 (KAR)

SRI MANJUNATHAIAH C M v. THE STATE OF KARNATAKA

WP/24842/2025 · 2025-09-01

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:34050-DB WP No. 24842 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 24842 OF 2025 (KLR-RES) BETWEEN: 1. SRI MANJUNATHAIAH C M S/O SRI VIRUPAKSHAIAH C M AGED ABOUT 41 YEARS, 2. SRI MALLIKARJUNA R S/O SRI RAJAPPA, AGED ABOUT 32 YEARS 3. SRI SHIVAPRASADA H M S/O CHANDRASHEKHARAPPA AGED ABOUT 48 YEARS 4. SRI NAGARAJA S/O SRI BASAPPA AGED ABOUT 47 YEARS ALL ARE R/O CHADURAGOLLA VILLAGE, CHADURAGOLLA POST, JAGALUR TALUK, DAVANAGERE DISTRICT DAVANAGERE DISTRICT - 577553 …PETITIONERS (BY SRI. SIDDANOORU VISHWANATHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34050-DB WP No. 24842 of 2025 VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE HARIHAR ROAD, KARURU, DAVANAGERE - 577 006 3. THE TAHSILDAR TALUK OFFICE, JAGALUR DAVANAGERE DISTRICT JAGALUR - 77528 4. SRI HANUMANTHAPPA S/O SRI RANGAPPA AGED ABOUT 55 YEARS 5. SRI THIMMAPPA S/O SRI THIPPANNA AGED ABOUT 35 YEARS 6. SRI BASAPPA S/O BASAPPA AGED ABOUT 70 YEARS 7. SRI NAGAPPA S/O THIPPANNA AGED ABOUT 60 YEARS 8. SRI NAGESH S/O SRI MANJAPPA AGED ABOUT 40 YEARS 9. SRI DANDYAPPA S/O SRI BASAPPA AGED ABOUT 60 YEARS 10. SRI MAHANTHESH S/O SRI HUCHANGAPPA AGED ABOUT 30 YEARS 11. SRI BADAGI HANUMANTHAPPA S/O SRI RAMACHANDRAPPA AGED ABOUT 60 YEARS - 3 - HC-KAR NC: 2025:KHC:34050-DB WP No. 24842 of 2025 12. SRI AJJAPPA S/O SRI MALLAPPA AGED ABOUT 30 YEARS 13. SRI KENCHAPPA S/O SRI RANGAPPA AGED ABOUT 60 YEARS 14. SRI VEERAPPA S/O SRI DOOLAPPA AGED ABOUT 60 YEARS 15. SRI YELLAPPA S/O SRI DOOLAPPA AGED ABOUT 50 YEARS 16. SMT. NAGAMMA W/O SRI BHEEMAPPA AGED ABOUT 40 YEARS RESPONDENT NOS.4 TO 16 ARE RESIDING AT R/O CHADURAGOLLA VILLAGE, CHADURAGOLLA POST, JAGALUR POST, DAVANAGERE DISTRICT DAVANAGERE DISTRICT - 577553 …RESPONDENTS (BY MS. NILOUFER AKBAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO THE RESPONDENT NO.1 TO 3 AUTHORITIES TO TAKE NECESSARY STEPS AND INITIATE ACTION TO VACATE THE ILLEGAL ENCROACHMENT OF THE GOVERNMENT LAND BY THE RESPONDENT NOS.4 TO 16. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:34050-DB WP No. 24842 of 2025 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. Issue notice. 2. Ms. Niloufer Akbar, the learned Additional Government Advocate accepts notice for respondent Nos.1 to 3. 3. The petitioners have filed the present petition, inter alia, alleging that the Government land measuring 13.32 acres located in Survey No.62/1 in Chaduragolla Village, Bilichodu Hobli, Jagalur Taluk, Davanagere District, has been unauthorisedly encroached upon. The petitioners state that they have made a representation dated 02.04.2025 to the District Commissioner, Davanagere District, the Assistant Commissioner, Davanagere District and the Chief Secretary, Department of Revenue. However, the petitioners have not received any response to the same. - 5 - HC-KAR NC: 2025:KHC:34050-DB WP No. 24842 of 2025 4. In view of the above, we consider it apposite to dispose of the petition by directing respondent Nos.2 and 3 to consider the issue of encroachment as flagged by the petitioners and if it is found that the Government land is encroached upon as alleged, the respondents shall take necessary steps in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KPS List No.: 1 Sl No.: 29