- 1 - HC-KAR NC: 2026:KHC:15297 WP No. 10500 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 10500 OF 2024 (LB-RES) BETWEEN: 1. SRI. YADUKUMAR S/O LATE GURUSIDDAPPA AGED ABOUT 54 YEARS R/AT NEAR GANAPATHI TEMPLE B.H.ROAD, VINOBANAGAR OPPOSITE YETHI JEWELERS TUMAKURU-572 102. …PETITIONER (BY SRI. FAYAZ SAB B.G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT MULTI STORIED BUILDING BENGALURU-560 001. 2. THE COMMISSIONER TUMAKURU MAHANAGARA PALIKE TOWN HALL, TUMAKURU-572 101. 3. THE ASSISTANT EXECUTIVE ENGINEER TUMAKURU MAHANAGARA PALIKE TOWN HALL, TUMAKURU-572 101. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, ADVOCATE FOR R1; SRI. SUBRAMANYA, ADVOCATE FOR R2 & R3) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15297 WP No. 10500 of 2024 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS IN THE NATURE OF ORDER OR DIRECTION, DIRECTING THE RESPONDENTS NOT TO DISPOSES THE PETITIONER FROM THE SCHEDULE PROPERTY ILLEGALLY AND UNLAWFULLY WITHOUT FOLLOWING DUE PROCESS OF LAW AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that, he is the sole and absolute owner of industrially converted land bearing no.27/1C, now, Thumkuru Mahanagara Palike property bearing No.27/1C situated at Lingapura Village, Kasaba Hobli, Tumakuru Taluk, Tumakuru District and that he has purchased the same by virtue of a sale deed dated 09.12.2015. On the ground that the respondents are trying to illegally encroach upon his property and dispossess him, he has filed the present writ petition with the following prayers: "1. TO, ISSUE A WRIT OF MANDAMUS, in the nature of Order or direction, directing the Respondents not to disposes the Petitioner from the Schedule Property - 3 - HC-KAR NC: 2026:KHC:15297 WP No. 10500 of 2024 illegally and unlawfully without following due process of law, in the interest of justice and equity. 2. TO, GRANT, such other relief or relief/s as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity." 2. Learned AGA appearing for the State upon instruction submits that, the State or its authority will dispossess a person of his property only in the manner known to law. He further submits that, the present lis involves a disputed question of fact as to the title of the petitioner and if he is aggrieved by the actions of any of the respondents, he is required to file a civil suit in this regard. 3. Any person can be dispossessed by the State from possession of a property only in the manner known to law and not otherwise. In case there is a disputed question of fact as to the ownership of the property, the same cannot be tried before this Court by filing a writ petition and the petitioner will have to file an original suit. 4. Hence, the writ petition is hereby disposed of with a direction to the respondents to dispossess the petitioner of - 4 - HC-KAR NC: 2026:KHC:15297 WP No. 10500 of 2024 the property concerned only in the manner known to law and not otherwise. If the petitioner is of the opinion he is the owner of the property and respondents cannot dispossess him from the property at all, then in that case, he is at liberty to file appropriate civil suit in the manner known to law. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 10