- 1 - HC-KAR NC: 2025:KHC-D:16639 WP No. 104698 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.104698 OF 2024 (KLR-RES) BETWEEN: VASUDEVAREDDY S/O. DODDAFAKIRAPPA YALLAREDDIYAR, AGE: 95 YEARS, OCC: AGRICULTURE, R/O. ARASANALU VILLAGE, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR …PETITIONER (BY SRI. S. B. DODDAGOUDAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS UNDER SECRETARY, DEPARTMENT OF REVENUE (LAND GRANT-1), M. S. BUILDING, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, VIJAYANAGAR, DIST. VIJAYANAGAR-583201. 3. THE ASSISTANT COMMISSIONER, HARAPANAHALLI SUB DIVISION, HARAPANAHALLI, DIST. VIJAYANAGAR-583201. 4. THE TAHASHILDAR, HARAPANAHALLI, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR-583201. Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.05 10:52:31 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16639 WP No. 104698 of 2024 5. THE REVENUE INSPECTOR, TELAGI HOBLI, TQ. HARAPANAHALLI, DIST. VIJAYANAGAR-583201. …RESPONDENTS (BY SMT. MALA B. BHUTE, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A WRIT, ORDER OR DIRECTIONS IN THE NATURE OF CERTIORARI QUASHING THE OFFICE MEMO DATED 16/05/2024 BEARING NO. KM/M.A.J/CR/2023-24/39 ISSUED BY THE RESPONDENT NO.4 TO THE RESPONDENT NO.5, VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR HEARING ON IA, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) This petition is filed assailing the order marked as Annexure-A dated 16.05.2024 passed by the Tahsildar- respondent No.4. 2. In terms of the said order, the Tahsildar has directed the police to ensure existence of road referred to in the said order. 3. Learned Additional Government Advocate submits that the property, in which the alleged road is said to be in existence, - 3 - HC-KAR NC: 2025:KHC-D:16639 WP No. 104698 of 2024 has not been acquired by the Government. The property records stand in the name of the petitioner. 4. Is also noticed that no inquiry has been held as contemplated under the Code of Criminal Procedure, 1973 or under the provisions of Bharatiya Nagarika Suraksha Sanhitha,2023 and the contesting respondents’ rights have not yet been declared by the petitioner. Further it is noticed that the private respondents’ rights have not been declared by any competent Civil Court. 5. Hence, the following: ORDER a) The writ petition is allowed. b) The order marked as Annexure-A dated 16.05.2024 passed by the Tahsildar- respondent No.4, is set aside. c) It is made clear that the Court has not expressed anything on the merits of the claim of either of the parties. - 4 - HC-KAR NC: 2025:KHC-D:16639 WP No. 104698 of 2024 d) If the contesting private respondents have any right over the alleged road in the petitioner's property, it is for the contesting respondents to establish the right before the proper forum. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP List No.: 1 Sl No.: 0