Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:33451 WP No. 20236 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20236 OF 2026 (KLR-RES) BETWEEN:
1.
SRI. D SAMPANGI S/O LATE ANJINAPPA AGED ABOUT 60 YEARS, AT, GUNDURU, VIRGONAGAR, BENGALURU - 560 049.
…PETITIONER (BY SRI. NANDEESH, ADVOCATE A/W SRI. SRIRAM ADIGA, ADVOCATE)
AND:
1.
THE DEPUTY COMMISSIONER TUMKURU DISTRICT TUMKURU - 572101.
2.
THE ASSISTANT COMMISSIONER KORATAGERE SUB DIVISION KORATAGERE TALUK TUMKURU - 572129.
3. TAHSILDAR KORATAGERE TALUK KORATAGERE, TUMAKAURU - 572129.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:33451 WP No. 20236 of 2026
4.
THE STATION HOUSE OFFICER KOLALA PS, KORATAGERE TALUK, TUMAKAURU - 572129.
…RESPONDENTS (BY SMT. B.P. RADHA, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE SENT BY RESPONDENT NO.3 DATED 16.06.2026 WHICH WAS DULY SERVED TO THE PETITIONER ON 29.06.2026 BEARING NO. NCR/CR/391/24-25 VIDE ANNEXURE E AND; ETC.
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 respondents.
2. Heard the learned counsel appearing for the parties.
3. In this writ petition, the petitioner is assailing the
order dated 16.06.2026 (Annexure-E) passed by the respondent No.3, inter-alia sought for direction to the
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HC-KAR NC: 2026:KHC:33451 WP No. 20236 of 2026
respondents to consider the representation dated 24.04.2025 (Annexure-D), and such other reliefs.
4. Having Heard the learned counsel appearing for the parties, the grievance of the petitioner that the respondents are interfering with the building constructed by the petitioner in the land in question and therefore, on consideration of the impugned memorandum dated 16.06.2026 (Annexure-E), wherein it is issued by the respondent No.3, in compliance of the
order dated 29.05.2024 passed by this court in W.P.No.19044 of 2024. In that view of the matter, the since the petitioner has not been notified before conducting survey as stated in the impugned memorandum dated 16.06.2026 (Annexure- E), I am of the opinion that, further in order to resolve the dispute between the petitioner as well as the parties in W.P.No.19044 of 2024, the respondent No.3 along with the jurisdiction ADLR, is directed to conduct joint survey in the presence of the petitioner as well as the parties in W.P.No.19044 of 2024. The respondent No.3 is directed to conduct the spot inspection and survey in respect of subject land after notifying the date of survey to the parties, I am of the opinion that, the impugned memorandum requires to be
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HC-KAR NC: 2026:KHC:33451 WP No. 20236 of 2026
set aside. Accordingly, the writ petition is allowed. Impugned memorandum dated 16.06.2024 (Annexure-E) passed by respondent No.3 is hereby set aside and matter is remitted to respondent No.3 to conduct joint survey in respect of subject land through the jurisdiction ADLR by notifying the same to the petitioner as well as the parties in W.P.No.19044 of 2024 and thereafter, take action in accordance with law. It is made clear that till the conclusion of the entire proceedings, respondents shall not interfere with the schedule property belonging to the petitioner. It is made clear that the petitioner is directed to assist for the joint survey as mentioned above on receipt of the notice from competent authority.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 2 Sl No.: 1