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2026 DAILYLAW 11474 (KAR)

SMT. NAGARATHA V v. PRINCIPAL SECRETARY-REVENUE

WP/14664/2026 · 2026-05-05

S Vishwajith Shetty

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24615 WP No. 14664 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 14664 OF 2026 (KLR-RES) BETWEEN: 1. SMT. NAGARATHA V AGED 50 YEARS W/O LATE THIMMAIAH R/T NO. 764, 4TH C CROSS NEAR SHANGARNAG BUS STAND KAMALANAGRA, BENGALURU 560 079 …PETITIONER (BY SRI. KUMARA SWAMY M C., ADVOCATE) AND: 1. PRINCIPAL SECRETARY-REVENUE GOVERNMENT OF KARNATAKA VIDHAN SHOWDA DR. AMBEDAKAR VEEDI BANGLORE 560 001 2. DEPUTY COMMISSIONER HASSAN DISTRICT BM ROAD HASSAN KARNATAKA 573201 3. TAHSILDAR ALUR TALUK B.M. ROAD HASSAN DISTRICT KARNATAKA 573111 4. SRI. K.B MALLESH AGED 60 YEARS S/O LATE BASVEGOWDA Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24615 WP No. 14664 of 2026 KARIGANAHALLI KUNDUR HOBLI ALUR TALUK HASSAN DISTRICT KARNATAKA -573111 …RESPONDENTS (BY SMT. AZRA J BANDGE, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS/ ANY OTHER WRIT AND/OR ORDERS DIRECTING RESPONDENT NO. 1 TO 3 TO TAKE IMMEDIATE STEPS TO REMOVE UNAUTHORIZED OCCUPATION OF THE PETITIONERS AGRICULTURAL LAND, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. This writ petition under Article 226 of the Constitution of India is filed seeking for the following reliefs:- "(i) Issue a writ of mandamus / any other writ and / or orders directing respondent No.1 to 3 to take immediate steps to remove unauthorized occupation of the petitioner's agricultural land and (ii) Direct initiation of proceedings under the Karnataka Land Revenue Act for eviction of unauthorized occupant i.e., Respondent No.4 in the interest of justice. (iii) Grant costs of the petition and - 3 - HC-KAR NC: 2026:KHC:24615 WP No. 14664 of 2026 (iv) Grant such other reliefs as this Hon'ble Cuort deemed fit in the circumstances of the case in the interest of justice & equity". 2. Heard the learned counsel for the petitioner and learned AGA for respondent nos.1 to 3. 3. It is the case of the petitioner that she is the absolute owner of the property bearing survey No.8/1 and 8/2 situated at Kenchanahalli Village, Kundur Hobli, Alur Taluk, Hassan District having purchased the same under the registered sale deed dated 24.10.2024. According to the petitioner, respondent no.4 is in unauthorized occupation of the said property and alleging that the respondent - authorities have not taken any action to evict respondent no.4 from the property in question, the petitioner is before this Court. 4. Perusal of the material on record would go to show that, the petitioner has already filed O.S.No.348/2025 before the jurisdictional civil Court on the same cause of action. - 4 - HC-KAR NC: 2026:KHC:24615 WP No. 14664 of 2026 During the pendency of the said suit, the present writ petition is filed seeking for the aforesaid reliefs. 5. Learned counsel for the petitioner has failed to point out any provision of law which casts a duty on the respondent - authorities to evict a person, who is allegedly in unauthorized possession of any private property. Under the circumstances, I am of the opinion that the petitioner cannot be granted the reliefs, which is sought in this writ petition. 6. Accordingly, the writ petition is dismissed. Sd/- (S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 31