- 1 - HC-KAR NC: 2025:KHC:30628-DB WP No. 5924 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH 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. 5924 OF 2024 (KLR-RES) PIL BETWEEN: 1. MR. ANIL KUMAR G S/O GOVINDAPPA AGED ABOUT 43 YEARS 2. MR. SHIVAKUMAR A S/O AMBARISH P AGED ABOUT 35 YEARS 3. MR. VENKATAGIRIGOWDA S/O RAMACHANDRA AGED ABOUT 28 YEARS 4. MR. DEVARAJA S/O NANJUNDAPPA AGED ABOUT 25 YEARS 5. MR. RAVI KUMARA C S/O CHIKKA MUNIYAPPA AGED ABOUT 42 YEARS 6. MRS. N SUBBALAKSHMI W/O RAMACHANDRA AGED ABOUT 49 YEARS 7. MR CHANDRAPPA B S/O LATE BYRAPPA AGED ABOUT 64 YEARS Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:30628-DB WP No. 5924 of 2024 8. MR KEMPARAJA K S/O LATE KRISHNAPPA AGED ABOUT 42 YEARS 9. MR VENUGOPALA G S/O GOVINDAPPA B AGED ABOUT 40 YEARS ALL RESIDING AT HANDRAHALLI VILLAGE CHANNARAYAPATNA HOBLI DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 165 …PETITIONERS (BY SRI. I.S. DEVAIAH, ADVOCATE FOR MS.BHARGAVI DEV K, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT VIKASA SOUDHA BENGALURU - 560 001 BY ITS PRINCIPAL SECRETARY 2. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT DISTRICT OFFICE COMPLEX BEERASANDRA DEVANAHALLI - 562 110 3. ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA FIRST FLOOR, TALUK OFFICE BENGALURU RURAL DISTRICT KARNATAKA - 561 203 4. TAHASILDAR DEVENAHALLI TALUK DEVANAHALLI TALUK OFFICE BENGALURU RURAL DISTRICT KARNATAKA - 562 110 - 3 - HC-KAR NC: 2025:KHC:30628-DB WP No. 5924 of 2024 5. H JAYARAM S/O LATE HANUMANTHARAYAPPA AGED ABOUT 52 YEARS 6. H KESHAV GOWDA S/O HANUMANTHARAYAPPA AGED ABOUT 50 YEARS BOTH RESIDING AT HITTARAHALLI GATE HANDRAHALLI VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT KARNATAKA - 562 165 …RESPONDENTS (SMT. NILOUFER AKBAR, AGA FOR RESPONDENT NOS.1 TO 4 SRI VINAY VENUGOPAL, ADVOCATE FOR RESPONDENT NOS.5 AND 6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF A WRIT OF MANDAMUS OR SUCH OTHER APPROPRIATE WRIT/ ORDER/ DIRECTION DIRECTING THE 2ND RESPONDENT TO TAKE NECESSARY ACTION IN ACCORDANCE WITH LAW, INCLUDING BUT NOT LIMITED TO DEMOLISHING ALL CONSTRUCTIONS AND BUILDINGS AND CANCELLING ALL PERMISSIONS, SANCTIONS, APPROVALS, LICENSES ETC. ISSUED IN RESPECT OF THE SAID CONSTRUCTION/ BUILDINGS, PUT UP BY THE 5TH AND 6TH RESPONDENTS UPON THE B KHARAB LAND IN SY.No.112/1 OF HANDRAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, AS IDENTIFIED IN THE REPORT SUBMITTED BY THE ASSISTANT DIRECTOR OF LAND RECORDS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:30628-DB WP No. 5924 of 2024 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 petition, inter alia, praying as under: "A. Issue a writ in the nature of a writ of Mandamus or such other appropriate writ/ order/ direction directing the 2nd Respondent to take necessary action in accordance with law, including but not limited to demolishing all constructions and buildings, and cancelling all permissions, sanctions, approvals, licenses, etc issued in respect the said construction/buildings, “put up by the 5th and 6th Respondents upon the B kharab land in Sy.No.112/1 of Handrahalli village, Channarayapatna Hobli, Devanahalli taluk, Bengaluru Rural district, as identified in the report submitted by the Assistant Director of Land Records; B. Issue a writ in the nature of a writ of Mandamus or such other appropriate writ/order/ direction directing the 2nd to the 4th Respondents to recover possession of the B kharab lands in Sy.No.112/1 of Handrahalli village, Channarayapatna Hobii, Devanahalli taluk, Bengaluru Rural district from the 5th and 6th Respondents and to restore and safeguard such B kharab land for the benefit of the public at large; C. Pass such other order or orders as this Hon’ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity." - 5 - HC-KAR NC: 2025:KHC:30628-DB WP No. 5924 of 2024 2. It is the petitioners' case that respondent Nos.5 and 6 have encroached upon public lands and on raja kaluve. The petitioners contend that they are residents of Handrahalli Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District and most of the villagers are engaged in farming. The petitioners claim, they are solely dependent on agriculture for their livelihood. They state that Survey No.112/1 of Handrahalli Village measures 9 Acres 21/4 Guntas, out of which 2 Acres 21/4 Guntas of land is 'B' kharab land. They claim that the said land includes 1 Acre 20 Guntas which comprises of raja kaluve, 5 Guntas comprises of a small road and 18 Guntas comprises of a larger road. They claim that the raja kaluve and the road has been in existence for many decades. However, the said land is being encroached upon for illegal construction of commercial and residential buildings. 3. The learned Additional Government Advocate submits that the State has already initiated action for removal of the encroachment and demolition of illegal constructions. However, respondent Nos.5 and 6 have filed a writ petition challenging the same. - 6 - HC-KAR NC: 2025:KHC:30628-DB WP No. 5924 of 2024 4. Since the State authorities have already taken action, no further orders are required to be passed in this PIL. We, however, permit the petitioners to intervene in the petition that has been instituted by the respondents or any of the alleged encroachers against whom action has been taken by the concerned authorities, in respect of the subject matter as mentioned in the present petition. 5. The petition is, accordingly, disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 57