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2026 DAILYLAW 18604 (KAR)

HAZRATH JUNG-E-BAHADUR SJHAH KHADARI v. DEPUTY COMMISSIONER (REVENUE)

WP/15148/2026 · 2026-06-01

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25356 WP NO.15148 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 01ST DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.15148 OF 2026 (KLR-RES) BETWEEN: HAZRATH JUNG-E-BAHADUR SHAH KHADARI IBRAHIM SHAH DARGAH WELFARE TRUST (REGD.), SY.NO.13/14, DODDABELE VILLAGE, THYAMGONDLU HOBLI, NELAMANGALA TALUK, BENGALURU (RURAL) DISTRICT. REP. BY ITS SECRETARY. …PETITIONER (BY SRI. NAVEED AHMED, ADVOCATE FOR SRI. NOORMOHAMMED, ADVOCATE) AND: 1. DEPUTY COMMISSIONER (REVENUE) DODDABALLAPUR D.C. OFFICE, DUBAGERE, DODDABALLAPUR, BENGALURU RURAL - 561 203. 2. ASSISTANT COMMISSIONER (REVENUE) A.C. OFFICE, DUBAGERE, DODDABALLAPUR - 561 203. 3. THE THASILDAR, NELAMANGALA TALUK OFFICE, NELAMANGALA, BENGALURU RURAL - 562 123. 4. THE PDO OF DODDABELE PANCHAYAT DODDABELE VILLAGE, THYAMGONDLU HOBLI, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25356 WP NO.15148 OF 2026 NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3; SRI. M.S. DEVARAJ, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER AND DISPOSE OF THE REPRESENTATIONS SUBMITTED BY THE PETITIONER DATED 17.08.2024, 26.09.2024, 07.08.2025 AND 20.09.2025 VIDE ANNEXURES 'A' TO 'D' IN COMPLIANCE WITH THE ORDER PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.13702 OF 2022 DATED 05.09.2023 WITHIN A TIME FRAME TO BE FIXED BY THIS HON'BLE COURT. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this petition, the petitioner has sought for a direction to the respondents to consider the representations dated 17.08.2024 (Annexure-A), 26.09.2024 (Annexure-B), 07.08.2025 (Annexure-C) and 20.09.2025 (Annexure-D) in compliance with the order dated 05.09.2023 (Annexure-E) passed by this Court in Writ Petition No.13702 of 2022. - 3 - HC-KAR NC: 2026:KHC:25356 WP NO.15148 OF 2026 2. Heard Sri. Naveed Ahmed, learned counsel on behalf of Sri. Noormohammed, appearing for the petitioner; Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 3; and Sri. M.S. Devaraj, learned counsel appearing for the respondent No.4. 3. Having heard the learned counsel appearing for the parties and on perusal of the averments made in the writ petition, the same would indicate that the disputed question of facts are involved in this petition. On careful perusal of the averments made in the representation dated 17.08.2024 (Annexure-A), the same would suggest that the respondent- Authorities have encroached the portion of the land belonging to the petitioner. In that view of the matter, since the question is relating to the title of the property in question, a direction cannot be issued the respondent-Authorities to consider the representations made by the petitioners referred to above. The petitioner had sought for a direction to consider the representations in compliance of the order dated 05.09.2023 (Annexure-E) passed by this Court in Writ Petition No.13702 of 2022, wherein, this Court directed the respondent-Authorities - 4 - HC-KAR NC: 2026:KHC:25356 WP NO.15148 OF 2026 to consider the representations referred therein. However, taking into consideration the fact that the disputed question of facts are involved, I am of the view that the petitioner has to establish its right over the property in question in a manner known to law. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 6