- 1 - HC-KAR CNR: KAHC010090622018 NC: 2026:KHC:38980 WP No. 29134 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.29134 OF 2018 (KLR-RES) BETWEEN: 1. SRI. DILIP K.R. KHATAI REPRESENTED BY GPA HOLDER, SRI. PIYUSH PERIWAL S/O LATE SHRI. MADANLAL PERIWAL AGED ABOUT 55 YEARS, OFFICE AT NO.45, RACE COURSE ROAD, INDUSTRY HOUSE, BANGALORE-01 …PETITIONER (BY SRI. NARASIMHAMURTHY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BENGALURU - 560 001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010090622018 NC: 2026:KHC:38980 WP No. 29134 of 2018 3. THE TAHSILDAR NELAMANGALA TALUK NELAMANGALA, BANGALORE RURAL DISTRICT - 562 123. 4. THE TALUK SURVEYOR NELAMANGALA TALUK NELAMANGALA, BANGALORE RURAL DISTRICT - 562 123. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE DATED 03.07.2018 ISSUED BY TGHE 3RD RESPONDENT AUTHORITY TAHSILDAR REVENUE DEPARTMENT NELAMANGALA TALUK, NELAMANGALA VIDE ANNEXURE-M; DIRECT THE 2ND RESPONDENT AUTHORITY, DEPUTY COMMISSIONER TO CONSIDER THE REPRESENTATION DATED 06.07.2018 VIDE ANNEXURE-L;AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010090622018 NC: 2026:KHC:38980 WP No. 29134 of 2018 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioner is assailing the notice dated 03.07.2018 (Annexure-A) passed by respondent No.3, inter alia, sought for a direction to respondent No.2 to consider the representation dated 06.07.2018 (Annexure-L) and also sought for a direction to respondent - authorities not to form road in the middle of the properties mentioned at Annexure-M to the Writ Petition. 2. Having heard the learned counsel appearing for the parties and taking into account the petition averments at Annexure-L would indicate that petitioner appears to have encroached the land belonging to the Government, wherein cart road has been made for the general public. In that view of the matter, I am of the view that, the impugned Notice dated 03.07.2018 issued by respondent No.3 is just and proper and therefore, same does not call for interference in this Writ Petition. However, it is made clear that respondent No.3 along with the jurisdictional Assistant Director of Land Records shall - 4 - HC-KAR CNR: KAHC010090622018 NC: 2026:KHC:38980 WP No. 29134 of 2018 conduct joint survey in the presence of the petitioner and other persons including the proposed impleading applicant in I.A.1/2026, and shall ensure that there shall not be any encroachment of the cart road by any of the parties. 3 In that view of the matter, the respondent No.3 and jurisdictional Assistant Director of Land Records shall conduct spot inspection survey on 24.08.2026 at 11.00 a.m. and follow the observations made above. 4. It is made clear that petitioner shall not wait for any notice in this regard, as the petitioner has been represented through his learned counsel in this Writ Petition. 5. With this observation, the Writ Petition is disposed of. 6. I.A.1/26 stands disposed of accordingly. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 1