- 1 - HC-KAR CNR: KAHC010440392026 NC: 2026:KHC:37715 WP No. 20067 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20067 OF 2026 (KLR-RES) BETWEEN: BALAKRISHNAPPA @ BALAKRISHNA S/O RAMAPPA, AGED ABOUT 66 YEARS R/AT KANIVENARAYANAPURA VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK & DISTRICT PIN CODE. 562 101. …PETITIONER (BY SRI. V. SHIVAKUMAR.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP.BY SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT, SHIDLAGHATTA ROAD, DISTRICT OFFICES BUILDING, CHIKKABALLAPURA – 562 101. 3. THE ASSISTANT COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION, DISTRICT OFFICES BUILDING, SHIDLAGHATTA ROAD, CHIKKABALLAPURA – 562 101. Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010440392026 NC: 2026:KHC:37715 WP No. 20067 of 2026 4. THE TAHASILDAR, OFFICE OF THE TAHSILDAR, CHIKABALLAPURA – 562 101. 5. THE PANCHAYATH DEVELOPMENT OFFICER, MUDDENAHALLI GRAMA PANCHAYATH, CHIKKABALLAPURA TALUK AND DISTRICT, PIN CODE. 562 101. …RESPONDENTS (BY SMT.B P RADHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I) PASS A WRIT OF CERTIORARI OR ANY OTHER WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ACTION DIRECTION OF THE THASILDAR, CHIKKABALLAPURA TALUK-RESPONDENT NO. 4 TO REVENUE INSPECTOR TO CONDUCT SURVEY OF SY. NO.41 GOVERNMENT TANK AREA AND TO EVICT IF ANY PORTION IS ENCROACHED VIDE OFFICIAL EMERGENCY MEMORANDUM DATED.16/01/2026 IN NO.NCR-E.HA.CR/ 773741/25.26 (ANNX-G), SO ALSO THE LETTER OF TAHASILDAR DATED. 18/2/2026 ADDRESSED TO MUDDENAHALLI GRAMA PANCHAYATH, CHIKKABALLAPURA,TO TAKE OVER POSSESSION OF SY. NO. 41 AND TO SECURE THE BOUNDARIES (ANNEXURE-H), AS THE SAID ACTIONS RESULTED IN INTERFERENCE AND ATTEMPTING OF DISPOSSESSION OF THE PETITIONER FROM THE LAND IN SY. NO. 162 MEASURING 03 ACRE PLUS 0-10 GUNTAS KHARAB LAND OF KANIVENARAYANAPURA VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUKU AND DISTRICT 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 AGA is directed to take notice for the respondents. - 3 - HC-KAR CNR: KAHC010440392026 NC: 2026:KHC:37715 WP No. 20067 of 2026 2. In this writ petition, the petitioner is assailing the Memorandum dated 16.01.2026 (Annexure-G) and the letter dated 18.02.2026 issued by the respondent No.4 (Annexure-H). 3. Sri V.Shivakumar, learned counsel appearing for the petitioner contended that, the land in question has been granted to the petitioner and petitioner is in cultivation of the same for more than five decades and, therefore, submitted that the petitioner cannot be dispossessed from the subject land and accordingly sought for interference of this Court. 4. Per contra, learned AGA submits that the land bearing Sy.No.41 of Kanivenarayanapura Village of Chikkaballapura Taluk, is a tank and the petitioner herein has encroached the land belonging to the Government and, therefore, survey has been conducted by the respondent – Authorities and accordingly sought for dismissal of the petition. - 4 - HC-KAR CNR: KAHC010440392026 NC: 2026:KHC:37715 WP No. 20067 of 2026 5. In the light of the submissions made by the learned counsel for the parties, careful consideration of the papers would indicate that, the land bearing Sy. No. 41 of Kanivenarayanapura Village of Chikkaballapura Taluk is a Government land, where the Government tank is situated. 6. In that view of the matter, as the respondent - Authorities have taken steps to remove the encroachment in the Government tank, I am of the view that, no interference is called for in this petition and it is open for the respondent - Authorities to conduct survey and remove the encroachment, if any, in the Government land. 7. Accordingly, the writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE CM List No.: 1 Sl No.: 17