- 1 - HC-KAR NC: 2026:KHC:17824 WP No. 36393 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 36393 OF 2025 (LB-RES) BETWEEN: 1. PRASANNA KUMAR K.G. S/O LATE K.M.GADDEGOWDA AGED ABOUT 42 YEARS R/AT: #121, DUDDA HOBALI MANDYA TALUK, KIRAGANDUR KIRAGANDUR KRISHNARAJPET MANDYA, KARNATAKA-571 403. …PETITIONER (BY SRI. SUBRAMANYA R., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT BANGALORE-560 001. 2. DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571 401. 3. TAHSILDAR MANDYA TALUK Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17824 WP No. 36393 of 2025 MANDYA DISTRICT-571 401. 4. INDUVALU GRAM PANCHAYAT REP. BY ITS PRESIDENT HINDUVALU, B.M.ROAD KIRGANDUR, MANDYA-571 403. 5. PANCHAYAT DEVELOPMENT OFFICER INDUVALU GRAM PANCHAYAT HINDUVALU, BM ROAD KIRGANDUR, MANDYA-571 403. 6. SIDDARAJU S/O LATE K.K.PAPANNA AGED ABOUT 43 YEARS R/AT KIRAGANDUR MANDYA-571 403. …RESPONDENTS (BY SMT.SPOORTHI, HCGP FOR R1 TO R3; SRI.M.S.DEVARAJU, ADVOCATE FOR R4 & R5; SRI. ASHOKA T., ADVOCATE FOR R6) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT, ORDER DIRECTING THE RESPONDENTS TO TAKE NECESSARY ACTION AGAINST THE ILLEGAL ACTIVITY UNDERTAKEN BY RESPONDENT NO.6 IN SY.NO.26 AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:17824 WP No. 36393 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The writ petition is filed by making an allegation against respondent no.6 that he has encroached upon government land and has put up a brick factory without obtaining necessary license and plan sanction. 2. Respondent no.6 categorically submits that the property belongs to him. 3. However, learned counsel for respondent nos.4 and 5 upon instructions, submits that respondent no.6 has put up a brick factory on the government property (Gomala Land) and suitable action will be initiated against respondent no.6 to have the same removed. He further submits that no license has been issued in favour of respondent no.6, but he is not sure about the same. 4. No person has a right to encroach upon government land and put up construction. Further, no person can run an industry without obtaining necessary license and permissions in accordance with law. - 4 - HC-KAR NC: 2026:KHC:17824 WP No. 36393 of 2025 5. However, in the instant case, there are disputed question of facts as to ownership and whether the respondent no.6 has the necessary license and permissions or not. This Court in exercise of its power under Article 226 of Constitution of India cannot decide the disputed question of facts. 6. Hence, the writ petition is hereby disposed of reserving the liberty to respondent no.6 to approach appropriate Civil Court in accordance with law and work out his remedies. Respondent nos.1 to 5 are directed not to initiate any precipitative action against respondent no.6 for a period of three weeks from today. 7. However, it is hereby clarified that no opinion has been expressed on the merits of the case including the ownership of the property or with regard to whether respondent no.6 has obtained any permissions and licenses as required in the law to run a brick factory and if a suit were to be filed by him before the trial Court, the same would be decided by the trial Court based upon the pleadings and the evidence let in before it. If respondent no.6 does not obtain any interim orders in his favour from the trial Court within the said period of three weeks - 5 - HC-KAR NC: 2026:KHC:17824 WP No. 36393 of 2025 from today, respondent nos.1 to 5 are at liberty to initiate appropriate action against respondent no.6 in the manner known to law. Pending I.As., if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 76