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2025 DAILYLAW 89288 (KAR)

D RANGAPPA v. STATE OF KARNATAKA

WP/31130/2025 · 2025-12-18

S Sunil Dutt Yadav

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:54331 WP No. 31130 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31130 OF 2025 (KLR-RR/SUR) BETWEEN: 1. D RANGAPPA S/O LATE DODDALAKKAPPA, AGE 73 YEARS, RESIDENT OF GODDANAPALYA, DODDERI HOBLI, MADHUGIRI TALUK, TUMKURU DISTRICT. 2. D. RAJANNA S/O LATE DODDALAKKAPPA, AGE 56 YEARS. 3. G.L.RAJANNA S/O LATE LAKKAPPA, AGE 46 YEARS. 4. G.S.LAKSHMI W/O NATARAJ A.V, AGE 29 YEARS, RESIDENT OF GUBALAGUTTE, 5. D. LAKSHAMNABIKE D/O LATE DODDALAKKAPPA, AGE 43 YEARS, RESIDENT OF GUBALAGUTTE, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54331 WP No. 31130 of 2025 DODDERI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT 6. MAHALAKSHMAMMA, W/O RANGANATHAPPA, AGE 35 YEARS, RESIDENT OF GODDANAPALYA, DODDERI HOBLI, MADHUGIRI TALUK. 7. MANJAPPA, W/O RAMACHANDRAPPA, AGE 52 YEARS, R/O GODDANAHALLI, MADHUGIRI TALUK. 8. SHIVARAMANNA, S/O LAKKAPPA, AGE 56 YEARS, R/O GODDANAPALYA, MADHUGIRI TQ 9. CHIKKAMMA, W/O DODDALAKKAPPA, AGE 82 YEARS, R/O GODDANAPALYA, MADHUGIRI TALUK 10. MUTTURAJU, G.R, S/O RAMACHANDRAPPA, AGE 25 YEARS, R/O GODDANAPALYA, MADHUGIRI TALUK - 3 - HC-KAR NC: 2025:KHC:54331 WP No. 31130 of 2025 11. RANGANATHPPA, S/O LATE RANGAPPA, AGE 62 YEARS, R/O GODDANAPALYA, MADHUGIRI TALUK 12. MUTHURAYAPPA, S/O LATE RANGAPPA, AGE 52 YEARS, R/O GODDANAPALYA, MADHUGIRI TALUK - 572 112. … PETITIONERS (BY SRI. P. DHANANJAYA, ADVOCATE FOR SRI HANUMANTHARAYAPPA K., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDINGS, VIDHANA VEEDHI ROAD, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY. 2. THE TAHSILDAR, MADHUGIRI TALUK, MADHUGIRI -572 132, TUMKURU DISTRICT. 3. OFFICE OF THE GRAMA PANCHAYAT, HANUMANAHALLI, DODDERI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 112 … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) - 4 - HC-KAR NC: 2025:KHC:54331 WP No. 31130 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) QUASH THE NOTICE NO. N.C.R.C.R.67/25-26 DATED 28/07/2025 AS PER ANNEXURE-E ISSUED BY THE R2 AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER Learned High Court Government Pleader accepts notice for respondents 1 and 2. 2. Petitioners have sought for setting aside of the notice at Annexure-E. 3. In terms of the notice at Annexure-E, the Tahsildar has issued a notice to the effect that the encroached pathway is required to be free from encroachment and necessary steps would be taken to clear the encroachment. 4. Petitioners submit that they have not encroached any land and that they have also made a representation for grant of land and seek for a direction - 5 - HC-KAR NC: 2025:KHC:54331 WP No. 31130 of 2025 that no action be taken till such representation is considered. 5. Learned High Court Government Pleader on the other hand would submit that the representation is made on 29.08.2025 while the impugned notice is on 28.07.2025. 6. Taking note that what has been called in question is a notice, petitioners to appear before the Tahsildar and make out a reply to the notice as well as seek for regularisation. Upon consideration of the reply and hearing the petitioners, necessary orders may be passed in accordance with law. All contentions are kept open. Needless to state, till any order is passed, no precipitative action of dispossessing the petitioners to be taken. 7. Petitioners to appear before the Tahsildar without further notice on 12.01.2026. Issuance of notice to respondent No.3. is waived in light of disposal of the - 6 - HC-KAR NC: 2025:KHC:54331 WP No. 31130 of 2025 petition relegating consideration of dispute back to the Tahsildar. 8. Accordingly, the writ petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP