- 1 - HC-KAR NC: 2026:KHC:29906 WP No. 3308 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3308 OF 2024 (GM-RES) BETWEEN: NAGARATHNAMMA, W/O. RAMAKRISHNAIAH, D/O. LATE HANUMANTHAIAH, AGED ABOUT 45 YEARS, SCHOOL TEACHER, R/AT RAYARAPALYA VILLAGE, KASABA NIJAGAL DHAKALE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. SULASA T J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, CHAPARADAKALLU, BENGALURU - 562 110. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29906 WP No. 3308 of 2024 3. THE ASSISTANT COMMISSIONER, BANGALORE RURAL DISTRICT, CHAPARADAKALLU, BENGALURU - 562 110. 4. THE TAHSILDAR, NELAMANGALA TALUK, NELAMANGALA, BANGALORE RURAL - 562 123. 5. ASSISTANT DIRECTOR LAND RECORDS, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA - 561 203. 6. DEPUTY DIRECTOR LAND RECORDS, BENGALURU RURAL DISTRICT, BENGALURU - 562 110. 7. SURVEYOR, NELAMANGALA TALUK, NELAMANGALA, BANGALORE RURAL - 562 123. 8. THE POLICE COMMISSIONER, AMBEDAKAR VEEDHI, BENGALURU - 560 001. 9. POLICE INSPECTOR, DAABASPET POLICE STATION, NELAMANGALA TALUK, BENGALURU RURAL - 562 123. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R9) - 3 - HC-KAR NC: 2026:KHC:29906 WP No. 3308 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE RESPONDENTS TO RESTORE THE POSSESSION OF PETITIONER OLD SURVEY NO.43 NEW SY.NO.43/1 TOTAL 2.20 ACRE GRANT, MEASURING TO AN EXTENT 2 ACRE 04.04 GUNTAS PLUS 0.16 GUNTA ACQUIRED BY NHAI SITUATED AT HALE NIJAGAL VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT NELAMANGALA AS ANNEXURE-P. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: "a. Issue a writ or any other appropriate writ, order or direction to the respondents to restore the possession of petitioner old Survey No.43 new Sy.No.43/1 total 2.20 acre grant, measuring to an extent 2 acre 04.04 guntas plus 0.16 gunta acquired by NHAI situated at Hale Nijagal village, Sompura Hobli, Nelamangala Taluk, Bengaluru Rural District Nelamangala as Annexure- P b. Grant such other relief as this Hon'ble Court deems fit in the interest of justice and equity." 2. What is essentially contended in the present matter is that the neighbour of the petitioner has - 4 - HC-KAR NC: 2026:KHC:29906 WP No. 3308 of 2024 encroached upon the property of the petitioner and it is the neighbour who is in possession of the same. In that background, the relief of restoration of possession has been sought for in the present petition. 3. When the allegation is as regards to a neighbour, a private citizen, having encroached upon the property of the petitioner, it is for the petitioner to file appropriate civil proceedings against the neighbour. A writ seeking for direction for restoration of possession against the Governmental Authorities or State Authorities cannot be granted when the dispute is between two private parties. Hence, no grounds are made out. 4. Reserving the aforesaid liberty, the petition stands disposed of. Sd/- (SURAJ GOVINDARAJ) JUDGE TMP/List No.: 1 Sl No.: 39