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2026 DAILYLAW 24958 (KAR)

KENCHAIAH v. THE STATE OF KARNATAKA

WP/17722/2026 · 2026-06-23

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30996 WP No. 17722 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.17722 OF 2026 (KLR-RES) BETWEEN: 1. KENCHAIAH S/O BORAIAH AGED ABOUT 95 YEARS R/AT-SAMUDRANA KOTE VILLAGE-572223 ADALAGERE POST NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. 2. A.N.NAGESH S/O NEELAKARAIAH AGED ABOUT 62 YEARS R/AT-SAMUDRANA KOTE VILLAGE-572223 ADALAGERE POST NITTUR HOBLI, GUBBI TALUK , TUMAKURU DISTRICT. 3. RANGASWAMAIAH S/O HANUMANTHAIAH AGED ABOUT 66 YEARS R/AT-SAMUDRANA KOTE VILLAGE-572223 NAGALAPURA VILLAGE NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30996 WP No. 17722 of 2026 4. NINGANNA @ NINGAIAH S/O NANJAIAH AGED ABOUT 82 YEARS R/AT-SAMUDRANA KOTE VILLAGE-572223 ADALAGERE POST NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. 5. GANGANNA S/O LATE BASAVALINGAIAH AGED ABOUT 70 YEARS R/AT-SAMUDRANA KOTE VILLAGE-572223 ADALAGERE POST NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. 6. VIJAYKUMAR S/O LATE MAHADEVAIAH AGED ABOUT 50 YEARS R/AT-SAMUDRANA KOTE VILLAGE-572223 ADALAGERE POST NITTUR HOBLI, GUBBI TALUK, TUMAKURU DISTRICT. …PETITIONERS (BY SRI. NATARAJ G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS - 3 - HC-KAR NC: 2026:KHC:30996 WP No. 17722 of 2026 PRINCIPAL SECRETARY M.S.BUILDING, DR.AMBEDKAR VEEDHI BENGALURU-560003. 2. THE DEPUTY COMMISSIONER TUMAKURU DIST TUMAKURU-572101. 3. THE TAHSILDAR GUBBI TALUK -572216 TUMAKURU DISTRICT TUMAKURU. 4. THE REVENUE INSPECTOR OFFICE OF TAHSILDAR GUBBI TALUK TUMAKURU DISTRICT TUMAKURU-572216. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SHOW-CAUSE NOTICE DATED-22-02-2026 VIDE ANNEXURE-F BEING ISSUED BY THE RESPONDENT NO.3 VIDE IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 4 - HC-KAR NC: 2026:KHC:30996 WP No. 17722 of 2026 ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. Heard the learned counsel appearing for the parties 3. In this writ petition, the petitioner has assailed the show-cause notice dated 22.05.2026 produced at Annexure-F, issued by respondent No. 3. 4. Having heard the learned counsel appearing for the parties and upon careful consideration of the impugned order at Annexure-F, issued under Section 104(D) of the Karnataka Land Revenue Act, 1964, directing removal of the encroachment, if any, in respect of the road situated in Sy. Nos. 6, 7 and 53 of Samudranakote Village, Nittur Hobli, Gubbi Taluk, and considering the endeavour made by the respondent- authorities to remove the encroachment on the road, I - 5 - HC-KAR NC: 2026:KHC:30996 WP No. 17722 of 2026 am of the opinion that respondent No. 3 shall conduct a survey with the assistance of the jurisdictional ADLR, in the presence of the persons mentioned in Annexure-F, on 22.07.2026 at 11:00 a.m., and thereafter, take an appropriate decision in the matter in accordance with law. 5. It is needless to state that, until the completion of the survey to be conducted in terms of the observations made herein, the respondents shall not interfere with the possession of the petitioner. Accordingly, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 27