- 1 - HC-KAR CNR: KAHC010430122024 NC: 2026:KHC:38985 WP No. 20787 of 2024 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.20787 OF 2024 (KLR-RES) BETWEEN: SHADAKSHARAIAH S/O T.M. RUDRAIAH AGED ABOUT 65 YEARS R/AT TARIKATTE VILLAGE KASABA HOBLI, BHADRAVATHI TALUK SHIVAMOGGA DISTRICT - 571302. …PETITIONER (BY SRI. S.S. PARIKSHITH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO THE REVENUE DEPARTMENT, M S BUILDING, BENGALURU - 560001. 2. DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577201. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010430122024 NC: 2026:KHC:38985 WP No. 20787 of 2024 3. TAHASILDAR BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 572301. 4. ARALIKOPPA GRAMA PANCHAYATH BHADRAVATHI TALUK, SHIVAMOGGA DISTRICT - 572301 REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3; SRI. A. NAGARAJAPPA, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICIAL MEMORANDUM ISSUED BY THE 3RD RESPONDENT DATED 25/03/2022 BEARING NO. LRF.CR 05/2017-18 VIDE ANNEXURE-Q AND ALSO SUBSEQUENT ACTION TAKEN BY THE 3RD RESPONDENT ON THE BASIS OF OFFICIAL MEMORANDUM DATED 25/03/2022 BEARING NO. LRF.CR 05/2017-18 VIDE ANNEXURE-Q BY ALLOWING THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010430122024 NC: 2026:KHC:38985 WP No. 20787 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. The petitioner herein is assailing the Official Memorandum dated 25.03.2022 (Annexure-Q) issued by respondent No.3. 2. It is contended by Sri. S.S. Parikshith, learned counsel appearing for the petitioner, that the petitioner herein has not encroached the land belonging to the Government and accordingly, disputes Annexures - R1 and R2 filed by the respondent - authorities and submits that, as on the date of survey conducted by the respondent - authorities, petitioner was in judicial custody and therefore submitted that, the impugned Official Memorandum at Annexure-Q requires to be set aside. 3. Per contra, Smt. B.P. Radha, learned Additional Government Advocate appearing for respondent Nos.1 to 3, submitted that the survey has been conducted twice in respect of the land in question and accordingly, sought for dismissal of the Writ Petition. - 4 - HC-KAR CNR: KAHC010430122024 NC: 2026:KHC:38985 WP No. 20787 of 2024 4. Sri. A. Nagarajappa, learned counsel appearing for the respondent No.4, reiterates the averments made in the statement of objections filed by respondent No.4. 5. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the Official Memorandum dated 25.03.2022 (Annexure-Q), would indicate that respondent No.3 has issued the said Official Memorandum, stating that the petitioner herein has encroached the land belonging to the Government. 6. In that view of the matter, without expressing any opinion on the merits of the case, it is hereby directed that, the respondent No.3 along with the jurisdictional Assistant Director of Land Records, shall conduct spot inspection survey in the presence of the petitioner as well as the representative of the respondent No.4 - Panchayat on 27.08.2026 at 11.00 a.m. and accordingly, take appropriate action and pass orders in accordance with law. - 5 - HC-KAR CNR: KAHC010430122024 NC: 2026:KHC:38985 WP No. 20787 of 2024 7. It is also open for the petitioner to provide relevant documents to respondent - authorities in respect of the survey mentioned in the Writ Petition. 8. Till the conclusion of the survey that would be made by the respondent - authorities, the respondent - authorities shall not take any precipitative action against the petitioner herein. 9. The Writ Petition is accordingly, disposed of. 10. Pending applications, if any, do not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 11