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2026 DAILYLAW 18979 (KAR)

KHATIJAMMA v. STATE OF KARNATAKA

WP/15848/2026 · 2026-06-02

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25756 WP No. 15848 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 15848 OF 2026 (KLR-RES) BETWEEN: 1. KHATIJAMMA W/O LATE ADAM AGED ABOUT 63 YEARS R/AT NO.4-133, NEAR GANDHIPARK, PUTTUR TALUK, UPPINANGADY DAKSHINA KANNADA - 57421 …PETITIONER (BY SRI. B. LETHIF, ADVOCATE FOR SRI. MAHAMMAD ANWAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA BENGALURU - 560 001 2. DISTRICT COLLECTOR PRAJA SOUDHA, PADIL MANGALORE, D.K. - 575 007 3. TAHSHILDAR PUTTUR TALUK DAKSHINA KANNADA 4. HARUN RASHID S/O ISMAIL Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:25756 WP No. 15848 of 2026 AGED ABOUT YEARS R/A NEAR GANDHIPARK, PUTTUR TALUK, UPPINANGADY DAKSHINA KANNADA - 574 321 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE QUASH THE NOTICE DATED 12.05.2026 BEARING NO. MSC (1) CR 198/2019-20 ISSUED RESPONDENT NO.2 TO DEMOLISH THE COMPOUND BUILT BY THE PETITIONER IN RESPECT OF SY.NO. 19-1A VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned HCGP accepts notice for respondent Nos.1 to 3. 2. It is argued by learned counsel Sri. B. Lethif appearing on behalf of learned counsel Sri. Mahammad Anwar, for the petitioner by referring to Annexure-A that the dispute is between the brothers and the petitioner is seeking easementary right to enter into their house and therefore, sought for interference of this Court. - 3 - HC-KAR NC: 2026:KHC:25756 WP No. 15848 of 2026 3. Per contra, learned HCGP Sri. Spoorthy Hegde. N, appearing for respondent Nos.1 to 3 sought to justify the impugned order at Annexure-A and argued that since the petitioner has constructed the compound wall in the land belonging to the Government and therefore, sought for dismissal of the petition. 4. Learned counsel appearing for the petitioner undertakes to remove the compound wall which has been constructed in the Government land, within 3 months from the receipt of this order. 5. Having taken note of the submission made by the learned counsel for the parties and the averments made in the writ petition would indicate that the petitioner has constructed the compound wall in the land belonging to the Government. In that view of the matter, no interference is called for in this petition. 6. I am of the view that submission made by the learned counsel appearing for the petitioner is accepted to provide 3 months time to remove the compound wall which is - 4 - HC-KAR NC: 2026:KHC:25756 WP No. 15848 of 2026 constructed in the Government land. With this observation, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE PNV List No.: 1 Sl No.: 44