- 1 - HC-KAR NC: 2026:KHC:13751 WP No. 1204 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE D K SINGH WRIT PETITION NO. 1204 OF 2022 (GM-RES) BETWEEN: 1. SHRI DEVARAJU S/O LT HUCCHERAIAH AGED 53 YEARS 2. VEERESH S/O LT HUCCHERAIAH AGED 37 YEARS ALL ARE R/AT KEELARA VILLAGE KERAGODU HOBLI MANDYA TQ AND DIST 571450 …PETITIONERS (BY SRI. SANATH KUMARA K M., ADVOCATE) AND: 1. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA 571401 2. THE TAHSILDAR MANDYA TALUK MANDYA DISTRICT 571401 3. THE REVENUE INSPECTOR KERAGODU 2ND CIRCLE MANDYA TALUK AND DISTRICT 571450 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13751 WP No. 1204 of 2022 4. THE CIRCLE INSPECTOR OF POLICE MANDYA RURAL MANDYA 571401 …RESPONDENTS (BY SRI. G.S.ARUNA, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT AND SET ASIDE THE ORDER/LETTER DTD.17.3.2021 ISSUED BY THE R-2 TO R-4 AS PER ANNEXURE-G, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH ORAL ORDER The present writ petition under Article 226 of the Constitution of India is filed impugning the internal official communication dated 17.03.2021 issued by Tahsildar, Mandya Taluk to the Circle Inspector of Police/respondent No.4 requesting to take appropriate proceedings against encroachment of the Government land in Sy No.263 which is recorded as Government land in the revenue records. 2. Learned counsel for the petitioners submits that the total extent of land in Sy No.263 is 9 acres and 18 guntas. Out of the said 9 acres 18 guntas some lands have been acquired - 3 - HC-KAR NC: 2026:KHC:13751 WP No. 1204 of 2022 and the remaining lands is in the possession of the petitioners as thoti service inam land. However, the claim of the petitioners for grant of this land has not been finalized though the petitioners have moved an application before the Assistant Commissioner. 3. The submission is that till the petitioners' claim for grant of land in their favour is crystallized, the authorities should not take any action against him for eviction from the said land. 4. On the other hand, Mr. Mohammad Jaffar Shah, learned Additional Government Advocate submits that the petitioners have no right, title and interest over the land. The land in question is a Government land which is recorded in the revenue records. Mere filing of an application would not entitle the petitioners to continue to be in illegal possession of the Government land. It is further submitted on behalf of the State that the petitioners have approached this Court challenging the internal official communication. The petitioners have not disclosed the source from where they have got this communication. They cannot challenge the internal official - 4 - HC-KAR NC: 2026:KHC:13751 WP No. 1204 of 2022 communication, without disclosing the source from where it has been obtained. 5. I have considered the submissions of the learned counsel for the parties. 6. As of today, the petitioners have no right and title over the land and mere filing of an application will not authorize the petitioners to remain in unauthorised occupation of the land which is recorded as a Government land in the revenue records. 7. The petitioners' appeal in M.A(VOA) No.9/2017 is pending before the District Judge against the order passed by the Assistant Commissioner. However, the petitioners have not got any interim order in the appeal. When the matter is pending, the petitioners cannot approach this Court for the relief which has not been granted by the Competent Court. 8. In view of the aforesaid facts, I am not inclined to interfere with the interim official communication dated 17.03.2021. Therefore, the writ petition is dismissed. - 5 - HC-KAR NC: 2026:KHC:13751 WP No. 1204 of 2022 The petitioners may pursue their remedy as may be available to them under law. Sd/- (D K SINGH) JUDGE RKA List No.: 1 Sl No.: 4