Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29467 WP No. 15897 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.15897 OF 2026 (KLR-RES) BETWEEN:
1.
MR. SHARATH S/O. DINESHA SHETTY, AGED ABOUT 32 YEARS, R/AT MUGERODI HOUSE, KANIYUR VILLAGE AND POST, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 217. …PETITIONER (BY SRI. JITHIN JEIJO., ADVOCATE) AND:
1.
THE TAHSILDAR BELTHANGADY TALUK, HAVING OFFICE AT MINI VIDHANA SOUDHA, BELTHANGADY, DAKSHINA KANNADA DISTRICT - 574 214.
2.
THE REVENUE INSPECTOR, BELTHANGADY TALUK, DAKSHINA KANNADA DISTRICT - 574 214.
3.
THE PANCHAYATH DEVELOPMENT OFFICER, KANIYUR GRAMA PANCHAYATH, BELTHANGADY TALUK,
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:29467 WP No. 15897 of 2026
DAKSHINA KANNADA DISTRICT - 574 217.
4.
THE STATE OF KARNATAKA, REPRESENTATED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1, R2 AND R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.05.2026 NO. NCR 11/26-27 PASSED BY R1 PRODUCED AT ANNEXURE-A.
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 writ petition, the petitioner has assailed the proceedings dated 18.05.2026 (Annexure-A).
2. Heard the learned counsel appearing for the parties
3. Having heard the learned counsel appearing for the parties, it transpires that the respondents had issued notices dated 16.04.2026 and 18.05.2026 calling upon the
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HC-KAR NC: 2026:KHC:29467 WP No. 15897 of 2026
petitioner to remove the alleged encroachment made on Government land. A perusal of the impugned proceedings at Annexure-A would further indicate that the petitioner failed to appear before respondent No.1 pursuant to the said notices.
4. In that view of the matter, since the controversy involved in the present writ petition pertains to the alleged encroachment said to have been made by the petitioner, I am of the considered opinion that a joint survey of the land in question is required to be conducted in the presence of the petitioner.
5. Accordingly, the Assistant Director of Land Records (ADLR), Belthangady Taluk, Dakshina Kannada District, along with respondent No.1, shall conduct a joint survey of the land in question on 15.07.2026 at 11:00 a.m.
6. It is made clear that the petitioner shall remain present at the land in question on the aforesaid date and
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HC-KAR NC: 2026:KHC:29467 WP No. 15897 of 2026
time without fail and shall extend full cooperation for the conduct of the joint survey.
7. In the meanwhile, the petitioner is restrained from putting up any construction or creating any third- party rights in respect of the land in question until the conclusion of the joint survey and further orders to be passed by respondent No.1.
8. With the above directions, the writ petition stands disposed of.
9. Registry is directed to release a copy of this
order to the learned counsel appearing for the petitioner only upon payment of the requisite court fee. SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 16