Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:31701 WP No. 13471 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 13471 OF 2022 (GM-POLICE) BETWEEN:
1.
N.C.DAYANANDA GOWDA S/O LATE CHANDRASHEKARAPPA GOWDA AGED ABOUT 61 YEARS R/A NEGAVADI CROSS NELLIKOPPA(HALENELLIKOPPA) TATTUR POST AND TATTUR MANDAL PANCHAYAT ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT.
2.
N C GURULINGAPPA GOWDA S/O LATE CHANDRASHEKARAPPA GOWDA AGED ABOUT 51 YEARS R/A NEGAVADI CROSS NELLIKOPPA(HALENELLIKOPPA) TATTUR POST AND TATTUR MANDAL PANCHAYAT ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT
3.
N C SHANTAVEERAPPA GOWDA S/O LATE CHANDRASHEKARAPPA GOWDA AGED ABOUT 56 YEARS R/A NEGAVADI CROSS NELLIKOPPA(HALENELLIKOPPA) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:31701 WP No. 13471 of 2022 TATTUR POST AND TATTUR MANDAL PANCHAYAT ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT
4.
N C NIJAGUNA GOWDA S/O LATE CHANDRASHEKARAPPA GOWDA AGED ABOUT 54 YEARS R/A NEGAVADI CROSS NELLIKOPPA(HALENELLIKOPPA) TATTUR POST AND TATTUR MANDAL PANCHAYAT ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT …PETITIONERS (BY SRI. NATARAJ DANKENNAVAR, ADVOCATE FOR SRI. PRUTHVI WODEYAR., ADVOCATE) AND:
1.
STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING BANGALORE-560001 BY ITS UNDER SECRETARY
2.
DEPUTY COMMISSIONER SHIVAMOGGA SHIVAMOGGA DISTRICT-577201
3.
ASSISTANT COMMISSIONER SAGAR SUB DIVISION SAGAR-577401 SHIVAMOGGA DISTRICT
- 3 -
HC-KAR NC: 2025:KHC:31701 WP No. 13471 of 2022
4. TAHASILDHAR TALUK OFFICE SORABA SORABA TALUK-577429 SHIVAMOGGA DISTRICT
5.
POLICE SUB INSPECTOR SORABA POLICE STATION SORABA-577429 SHIVAMOGGA DISTRICT
6.
L NAGARAJ S/O LOCHHANAIKA AGED ABOUT 52 YEARS ASSISTANT COMMISSIONER SAGAR SUB DIVISION SAGAR-577401 SHIVAMOGGA DISTRICT
7. CHANDRAPPA S/O LATE RAMAPPA AGED ABOUT 53 YEARS R/A VRUTTIKOPPA ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT …RESPONDENTS (BY SMT. SWETHA KRISHNAPPA, AGA FOR R-1 TO R-5, SRI BASAVARAJ R.N. ADV. FOR R-6, SRI MANJUNATH B. BELAGALAD, ADV. FOR R-7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
- 4 -
HC-KAR NC: 2025:KHC:31701 WP No. 13471 of 2022 IMPUGNED ORDER DTD 22.06.2022 IN NO.MAG.VVA.20/2022- 23 PASSED BY THE R3 VIDE ANNEXURE-K
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN ORAL JUDGMENT
This writ petition is filed challenging the order dated 22.06.2022 (Annexure-K) passed by the 3rd respondent on the ground that 3rd respondent has no jurisdiction to pass an order in that nature.
2. In Annexure-K, the petitioners have complained to the Tahsildhar seeking protection for carrying out cultivation in the land measuring 6 acres 20 guntas in Sy.No.19 situated at Nellikoppa Village, Anavatti Hobli, Soraba Taluk.
3. Having heard the learned counsel for the petitioners, learned Additional Government Advocate as well as the
learned counsel for respondents 6 and 7, I am of the
- 5 -
HC-KAR NC: 2025:KHC:31701 WP No. 13471 of 2022 opinion that since the issue is now being considered by the Land Tribunal, the question of possession of the property is also to be agitated before the Tribunal.
3. In the above view of the matter, Annexure-K Order dated 22.06.2022 of the 3rd respondent is set aside. However, it is made clear that the parties shall maintain status quo as on today, with regard to possession to the properties and shall approach the Tribunal, who shall pass an appropriate order in accordance with law after hearing both the sides. Sd/- (ANU SIVARAMAN) JUDGE NG List No.: 1 Sl No.: 36