Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26381 WP No. 20916 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.20916 OF 2025 (KLR-RES) BETWEEN:
1.
SRI. D.T. LINGARAMEGOWDA S/O. LATE. THIMME GOWDA @ UGRE GOWDA, AGED ABOUT 65 YEARS, RESIDENT OF DODDENAHALLI VILLAGE, BINDIGANAVILE HOBLI, NAGAMANGALA TALUK - 571 418 MANDYA DISTRICT. …PETITIONER (BY SRI. T.P. VIVEKANANDA, ADVOCATE) AND:
1.
STATE OF KARNATAKA STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE M.S BUILDING, DR. B.R AMBEDKAR VEEDHI BANGALORE 560 001.
2.
THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26381 WP No. 20916 of 2025
3.
THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB-DIVISION, PANDAVAPURA- 571 418 MANDYA DISTRICT.
4.
THE TAHASILDAR NAGAMANGALA TALUK NAGAMANGALA - 571 418 MANDYA DISTRICT. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE BEARING NO. ENCROACHMENT/CR/2025-26 DATED 11.06.2025 AT ANNEXURE-F ISSUED BY THE FOURTH RESPONDENT; AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Smt. Navya Shekhar, learned Additional Government Advocate accepts notice for the respondents.
2. Heard learned counsel appearing for the parties.
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HC-KAR NC: 2025:KHC:26381 WP No. 20916 of 2025
3. In this writ petition, petitioner is assailing the notice dated 11.06.2025 produced at Annexure-F, issued by respondent No.4, wherein, by the said notice, respondent No.4 has directed the petitioner to vacate the schedule land from his possession.
4. It is the case of the petitioner that, the petitioner herein has filed application in Form-53, as per Annexures -D.
5. In that view of the matter, taking into
consideration that the application made by the petitioner herein is pending consideration before the respondent-authorities, wherein the competent Committee has to take decision insofar as regularizing the unauthorised occupants under the provisions of Rule 108-CC of the Karnataka Land Revenue Rules, 1966, the interference is called for in this Writ Petition. Accordingly, I pass the following:
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HC-KAR NC: 2025:KHC:26381 WP No. 20916 of 2025
ORDER (i) The Writ Petition is allowed. (ii) The impugned notice dated 11.06.2025 at Annexures -F, issued by respondent No.4, is hereby quashed. (iii) It is made clear that the respondents shall not interfere with the possession and enjoyment of the petitioner till the
consideration of the application of the petitioner seeking regularisation of his land under Section 94-B of the Karnataka Land Revenue Act, 1964 read with Rule 108-CC of the Karnataka Land Revenue Rules, 1966. SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 36