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2026 DAILYLAW 24748 (KAR)

SRI MUKUNDA V v. THE STATE OF KARNATAKA

WP/19502/2026 · 2026-06-29

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:32210 WP No. 19502 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.19502 OF 2026 (KLR-RES) BETWEEN: SRI. MUKUNDA V. S/O. LATE VENKATESH M., AGED ABOUT 39 YEARS, R/AT NO.158, NEAR GANESH TEMPLE, KEMBATTAHALLI VILLAGE, UTTARAHALLI HOBLI, BANNERUGHATTA MAIN ROAD, BENGALURU-560083. …PETITIONER (BY SRI. NAIK NARAYAN MASTAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S BUILDING, BENGALURU-560 001. 2. DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYABHAVAN, K G ROAD, BENGALURU- 560009. 3. THAHASILDAR BENGALURU SOUTH TALUK Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:32210 WP No. 19502 of 2026 KANDAYABHAVAN, K G ROAD, BENGALURU- 560009. 4. TALUK SURVEYOR, OFFICE OF THE SURVEY DEPARTMENT, BENGALURU SOUTH TALUK, BENGALURU- 560009. 5. REVENUE INSPECTOR, OFFICE OF THE THAHASILDAR, BENGALURU SOUTH TALUK, KANDAYABHAVAN, K G ROAD, BENGALURU- 560009. 6. VILLAGE ACCOUNTANT, OFFICE OF THE THASILDAR, BENGALURU SOUTH TALUK, KANDAYABHAVAN, K G ROAD, BENGALURU- 560009. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST THE RESPONDENT NO.3 AND ALSO AGAINST THE OTHER RESPONDENTS TO STOP CONDUCTING THE ILLEGAL SURVEY BY INTERFERING WITH THE POSSESSION AND PETITIONER'S FAMILY PROPERTY RIGHT IN SY NO.44, 46, 47, 53, 54, 56 OF KEMBATHAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALK, BENGALURU WITHOUT ISSUING NOTICE TO THE PETITIONER'S FAMILY MEMBERS AND OTHER ADJACENT LAND OWNERS UNDER THE GUISE OF SURVEYING THE GOVERNMENT LAND IN SY NO 55 OF KEMBATHAHALLI VILLAGE BY CONSIDERING THE REPRESENTATION DATED 15.06.2026 PRODUCED AT ANNEXURE- A SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO 3. - 3 - HC-KAR NC: 2026:KHC:32210 WP No. 19502 of 2026 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 1. In this Writ Petition, the grievance of the petitioner is that respondent No.3, without issuing notice to the petitioner herein, is surveying the land bearing Sy.Nos.44, 46, 47, 53, 54 and 56 of Kembathahalli Village, Bengaluru South Taluk. 2. Heard learned counsel appearing for the parties. 3. Sri. Naik Narayan Mastappa, learned counsel appearing for the petitioner contended that, the respondent - authorities are surveying the land belonging to the petitioner without issuing any notice to the petitioner and accordingly, sought for interference of this Court to direct respondent No.3 to consider the representation dated 15.06.2026 made by the petitioner as per Annexure-A. 4. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondents, submitted - 4 - HC-KAR NC: 2026:KHC:32210 WP No. 19502 of 2026 that the respondent - authorities are surveying the land belonging to the Government and therefore, in the event if the land belonging to the petitioner is required to be surveyed for the purpose of fixing the boundary, appropriate prior notice will be issued to the petitioner. 5. In that view of the matter, without expressing any opinion on the merits of the case, the respondents are directed not to survey the land belonging to the petitioner unless there is a due requirement and notice is issued to the petitioner herein, in this regard. 6. Accordingly, the respondents are hereby restrained from surveying the land of the petitioner without issuing notice to the petitioner herein. 7. With the aforesaid observation, the Writ Petition is disposed of. SD/- (E.S.INDIRESH) JUDGE SAC List No.: 2 Sl No.: 1