- 1 - HC-KAR NC: 2026:KHC:15140 WP No. 6942 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 6942 OF 2026 (KLR-RES) BETWEEN: MR. FRANCIS D'SOUZA @ FRANCIS XAVIOUR D'SOUZA S/O LATE MR. THIMOTHY D'SOUZA, AGED ABOUT 62 YEARS, RESIDING AT MUNDELU HOUSE, LAILA VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. …PETITIONER (BY SRI. JITHIN JEIJO, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, THE DEPUTY COMMISSIONER'S OFFICE, DAKSHINA KANNADA DISTRICT, PADIL, MANGALURU, KARNATAKA - 575 007. 2. THE ASSISTANT COMMISSIONER, PUTTUR SUB-DIVISION, DAKSHINA KANNADA DISTRICT - 574 201. 3. THE TAHSILDAR OFFICE OF TAHSILDAR, MINI VIDHANA SOUDHA, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15140 WP No. 6942 of 2026 BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. 4. THE STATE OF KARNATAKA, REPRESENTATED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BANGALORE 560 001. 5. MR. PRAKASH JAIN, MAJOR S/O LATE ANANTARAJ HEGDE, DEVUNI HOUSE, BALANJA VILLAGE, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214. …RESPONDENTS (BY SRI.SHAMANTH NAIK, HCGP FOR R-1 TO R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, DIRECTING THE RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 07-07-2025 PRODUCED AT ANNEXURE-A AND IMMEDIATELY CONDUCT THE SURVEY OF THE GOVERNMENT LAND BEARING SURVEY NO.158/1 OF LAILA VILLAGE, BELTHANGADY TALUK, AND TO RECLAIM THE SAME FROM THE ILLEGAL OCCUPATION OF RESPONDENT NO.5 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15140 WP No. 6942 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.1 to 4. Notice to respondent No.5 is not necessary for the following reasons. 2. Learned High Court Government Pleader raises preliminary objection that the petitioner is seeking to espouse a public cause inasmuch as the petitioner is making allegation against respondent No.5 that he has encroached upon the Government property and the respondents have not taken any action against respondent No.5. 3. Upholding the submissions of the learned High Court Government Pleader, the writ petition stands disposed of reserving liberty to the petitioner to file a public interest litigation, if so advised. - 4 - HC-KAR NC: 2026:KHC:15140 WP No. 6942 of 2026 Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 7