Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:25758 WP No. 14491 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. 14491 OF 2026 (KLR-RES) BETWEEN:
1.
SRI. ANTHONI SWAMY S/O SOSIAPPA, AGED ABOUT 53 YEARS, R/AT THANDAMADU VILLAGE, MARTALLI POST, HANUR TALUK - 571 320, CHAMARAJANAGAR DISTRICT. …PETITIONER (BY SRI. SUNITHA P.C., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001
2.
DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR - 571 439.
3.
SUPERINTENDENT OF POLICE CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR - 571 439
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:25758 WP No. 14491 of 2026
4.
THE TAHSILDAR HANUR TALUK, HANUR - 571 320.
5.
THE VILLAGE ACCOUNTANT MARTALLI VILLAGE, HANUR TALUK - 571 320
6.
THE REVENUE INSPECTOR MARTALLI VILLAGE, HANUR TALUK - 571 320.
…RESPONDENTS (BY SMT. B.P. RADHA, AGA)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. RESTRAINING THE RESPONDENTS FROM FORMING ANY ROAD OR PUBLIC WORK BY INTERFERING WITH THE PETITIONERS AGRICULTURAL LAND BEARING SURVEY NO. 383/1, SITUATED AT THANDAMADU VILLAGE, HANUR TAHIK, CHAMARAJNAGAR DISTRICT UNDER ANNEXURE C, E, E1, E2 THE REPRESENTATIONS DATED 16/09/2020 AND 26.3.2026.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2026:KHC:25758 WP No. 14491 of 2026
ORAL ORDER
Learned AGA accepts notice for respondents.
2. The grievance of the petitioner in this writ petition is to restrain the respondents from taking possession of the land belonging to the petitioner without following the due procedure established under law.
3. It is contended by the
learned counsel Smt. Sunitha P.C, appearing for the petitioner by referring to Annexure-A that father of the petitioner had purchased the land in question as per the registered sale deed dated 22.05.1973 (Annexure-A) and therefore, sought for interference of this Court by referring to the photographs produced at Annexure-D series wherein the respondents have taken steps to construct the road in the land belonging to the petitioner.
4. Per contra, learned AGA Smt. B.P. Radha, appearing for respondents submitted that the respondents / authorities have taken decision not to construct a road.
5. In that view of the matter, taking into consideration the declaration of law made by the Hon'ble Supreme Court in
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HC-KAR NC: 2026:KHC:25758 WP No. 14491 of 2026
the case of Vidya Devi V/s Himachal Pradesh and Others1, it is the duty of the respondents / authorities to consider the representation made by the petitioner at Annexure-C and thereafter, take decision in the matter in accordance with law. It is also to be noted that, the respondents / authorities are prevented from taking any action against the petitioner without following the due process of law as required under law. With these observations, the writ petition is disposed of.
SD/- (E.S.INDIRESH) JUDGE
PNV List No.: 1 Sl No.: 34
1 AIR 2020 SC 4709