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2026 DAILYLAW 22557 (KAR)

H D KUMAR v. THE STATE OF KARNATAKA

WP/17941/2026 · 2026-06-17

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:29512 WP No. 17941 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION No. 17941 OF 2026 (KLR-LG) BETWEEN: 1. H. D. KUMAR, S/O LATE DODDAPPA GOWDA, AGED ABOUT 62 YEARS, HONNAVALLI VILLAGE, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 218. …PETITIONER (BY SRI M. J. ALVA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MULTI-STORIED BUILDING BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT, HASSAN - 573 218 3. THE ASST. COMMISSIONER SAKALESHPUR SUB-DIVISION SAKALESHPUR, HASSAN DISTRICT - 573 134 4. THE TAHSILDAR ALUR TALUK, ALUR HASSAN DISTRICT - 573 213. Digitally signed by VINUTHA B S Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:29512 WP No. 17941 of 2026 5. RAJASHEKARAPPA SO LATE RUDRAPPA AGED ABOUT 52 YEARS HONNAVALLI VILLAGE, PALYA HOBLI, ALUR TALUK, HASSAN DISTRICT - 573 218. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4; Notice to R5 dispensed with vide order dated 17.06.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER No.ENCROACHMENT 16/2025-26 DATED 26.05.2026 PASSED BY R4/TAHSILDAR, ALUR TALUK, HASSAN DISTRICT WHICH IS PRODUCED AT ANNEXURE-A and DIRECT THE TAHSILDAR ALUR TALUK/R4 TO COMPLY WITH ORDER DATED 06.03.2025 PASSED BY THE LEARNED ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION, SAKALASHPURA /R3 IN RA No.311/2024-25 WHICH IS PRODUCED AT ANNEXURE-G WITHIN THE TIME LIMITS THAT MAY BE FIXED BY THIS HON'BLE COURT. 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 Additional Government Advocate accepts notice for respondent Nos.1 to 4. Notice to respondent No.5 is dispensed with. 2. In this writ petition, the petitioner is assailing the notice dated 26.05.2026 (Annexure-A) issued by respondent No.4- Tahsildar, Hassan District. - 3 - HC-KAR NC: 2026:KHC:29512 WP No. 17941 of 2026 3. Upon careful perusal of the averments set out in the notice at Annexure-A, it indicates that the petitioner has encroached upon the government gomal land. In that view of the matter and without expressing any opinion on the merits of the case, it is open for the petitioner to file reply/objections to the notice dated 26.05.2026 (Annexure-A), within two weeks from the date of receipt of copy of this order and upon receipt of such a reply/objections, respondent No.4 shall consider the same and take a decision in accordance with law. It is also open to respondent No.4 to conduct a joint survey of the subject property. 4. Till such consideration of the reply/objections of the petitioner and the decision that may be taken up by respondent No.4, the respondents are restrained from interfering with the subject property. 5. Accordingly, the writ petition stands disposed of. Sd/- (E.S.INDIRESH) JUDGE MV, List No.: 1 Sl No.: 42