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2026 DAILYLAW 26685 (KAR)

SRI. T. NARASIMHA MURTHY, v. THE STATE OF KARNATAKA,

WP/19670/2026 · 2026-07-06

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:33829 WP No. 19670 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19670 OF 2026 (KLR-RES) BETWEEN: 1. SRI. T. NARASIMHA MURTHY, S/O. LATE THIMMAIAH, AGED ABOUT 64 YEARS, R/AT 5TH BLOCK, SARASWATHIPURA, MANCHENAHALLI TOWN AND TALUK, CHICKBALLAPURA DISTRICT - 561 211. 2. SRI. RAMAMURTHY, S/O. LATE THIMMAIAH, AGED ABOUT 62 YEARS, R/AT 5TH BLOCK, SARASWATHIPURA, MANCHENAHALLI TOWN AND TALUK, CHICKBALLAPURA DISTRICT - 561 211. 3. SMT. N. GOWRAMMA, W/O. K.S. SOMASHEKAR, AGED ABOUT 61 YEARS, R/AT NO. 188, 'HOMBALE NILAYA', KOTHANUR VILLAGE, SHIVARAMA KARANTH NAGAR, BENGALURU - 560 077. 4. SRI. K.S. SOMASHEKAR, S/O. LATE SONNAPPA.T, AGED ABOUT 64 YEARS, R/AT NO. 188, 'HOMBALE NILAYA', KOTHANUR VILLAGE, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33829 WP No. 19670 of 2026 SHIVARAMA KARANTH NAGAR, BENGALURU - 560 077. 5. SRI. ANANTHAPADMANABHA RAO, S/O. LATE M.S. BHEEMACHAR, AGED ABOUT 78 YEARS, R/AT NO. 8, TEACHERS COLONY, KONANAKUNTE, BENGALURU SOUTH TALUK, BENGALURU - 560 062. …PETITIONERS (BY SRI. LOKESH R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, MULTI-STORIED BUILDING, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE TAHSILDAR, MANCHENAHALLI TALUK, MANCHENAHALLI - 561 211, CHICKBALLAPURA DISTRICT. 3. THE REVENUE INSPECTOR, MANCHENAHALLI TALUK, CHICKBALLAPURA DISTRICT - 561 211. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE OFFICIAL MEMORANDUM BEARING NO. NCR/53/2023-24 DTD 12.05.2026 ISSUED BY THE R2 VIDE ANNX-L AND ETC., - 3 - HC-KAR NC: 2026:KHC:33829 WP No. 19670 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 Learned HCGP accepts notice for respondents. 2. In this writ petition, petitioner is assailing the office memorandum dated 12.05.2026 (Annexure-L) issued by respondent No.2. 3. Having heard the learned counsel appearing for the parties, the respondent No.2 has issued the impugned order at Annexure-L without hearing the petitioner and no notice has been issued to the petitioner as to the same . 4. In that view of the matter, the respondent No.2 is directed to conduct joint inspection along with jurisdictional ADLR in the presence of the petitioner and thereafter take decision in the matter as to whether the petitioner herein as encroached the land in question. 5. It is also forthcoming that the impugned office memorandum at Annexure-L has been issued based on the - 4 - HC-KAR NC: 2026:KHC:33829 WP No. 19670 of 2026 compliant lodged by a private person and in that view of the matter, the office Memorandum dated 12.05.2026 (Annexure-L) is accordingly set aside. 6. The spot inspection and survey has to be conducted by the respondent-authorities on 17.08.2026. 7. Till the consideration of the joint inspection report by the competent authority the respondents are directed not to take any precipitative action against the petitioner. 8. It is also open for the petitioner to produce the relevant material before the competent authorities to establish his right over the property in question. Accordingly, the writ petition is allowed. SD/- (E.S.INDIRESH) JUDGE VS List No.: 1 Sl No.: 26