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2026 DAILYLAW 33195 (KAR)

MR. V. VENKATESH, v. STATE OF KARNATAKA,

WP/23206/2026 · 2026-08-12

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010505832026 NC: 2026:KHC:42780 WP No. 23206 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23206 OF 2026 (KLR-RES) BETWEEN: 1. MR. V. VENKATESH, SON OF LATE VENKATAPPA, AGED ABOUT 56 YEARS, RESIDING AT NO.3507, 8TH MAIN ROAD, VIVEKANANDA NAGAR, BANGARPET TALUK, KOLAR DISTRICT - 563114. 2. MRS. JYOTHI, WIFE OF VENKATARAMANA B S, AGED ABOUT 38 YEARS, RESIDING AT 4TH CROSS, MAHADEVA LAYOUT, BANGARPET TALUK, KOLAR DISTRICT - 563114. 3. MRS. SHARADAMMA, WIFE OF LATE NARAYANASWAMY, AGED ABOUT 60 YEARS, RESIDING AT 8TH CROSS, MAHADEVA LAYOUT, BANGARPET TALUK, KOLAR DISTRICT - 563114. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010505832026 NC: 2026:KHC:42780 WP No. 23206 of 2026 4. MRS. VIDHYASHREE, DAUGHTER OF LATE NARAYANASWAMY. M, AGED ABOUT 37 YEARS, RESIDING AT 8TH CROSS, MAHADEVA LAYOUT, BANGARPET TALUK, KOLAR DISTRICT - 563114. …PETITIONERS (BY SRI. HARSHITH N BALAKRISHNA.,ADVOCATE) AND: 1. STATE OF KARNATAKA, MINISTRY OF REVENUE, REPRESENTED BY ITS CHIEF SECRETARY, M S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU 560001. 2. THE TAHSILDAR, BANGARPET TALUK, HAVING OFFICE AT MINI VIDHANA SOUDHA, BANGARPET 563114. 3. ASSISTANT DIRECTOR OF LAND RECORDS, REPRESENTED BY DEPUTY DIRECTOR, BANGARPET TALUK, HAVING OFFICE AT MINI VIDHANA SOUDHA, BANGARPET - 563114. 4. KARNATAKA LOKAYUKTA, REPRESENTED BY ITS REGISTRAR, M. S BUILDING, DR. B.R AMBEDKAR VEEDHI, BENGALURU-560001. - 3 - HC-KAR CNR: KAHC010505832026 NC: 2026:KHC:42780 WP No. 23206 of 2026 5. SRI. V. PREM KUMAR, SON OF LATE VIJAY KUMAR @ JAYAMALI, AGED MAJOR, RESIDING AT NO. 4291/1, SRINIVAS GOWDA LAYOUT, 1ST CROSS VIJAY NAGAR, BANGARPET, KOLAR - 563114. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N, HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTICE DATED 08.05.2026 (ANNEXURE-A) ISSUED BY THE TAHSILDAR AT BANGARPET I.E., RESPONDENT NO.2 IN NCR/CR-49/25-26 TO PETITIONER NO.1 AND ISSUE A WRIT OF CERTIORARI TO QUASH THE IMPUGNED NOTICE DATED 08.05.2026 (ANNEXURE-B) AND THE SUBSEQUENT NOTICE DATED 29.05.2026 (ANNEXURE-C) ISSUED BY THE TAHSILDAR AT BANGARPET I.E., RESPONDENT NO.2 IN NCR/CR-49/25-26 TO PETITIONER NO. 3 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 High Court Government Pleader accepts notice for respondents No.1 to 3. 2. The petitioners in this writ petition are challenging the notices dated 08.05.2026 (Annexures-A - 4 - HC-KAR CNR: KAHC010505832026 NC: 2026:KHC:42780 WP No. 23206 of 2026 and B) and 29.05.2026 (Annexure-C) issued by the respondent No.2/Tahsildar. 3. Having heard the learned counsel for the parties, I am of the view that, the petitioners have not been heard before issuing any eviction notices as per Annexures-A, B and C, and therefore the respondents No.2 and 3 are directed to conduct spot inspection and survey of the land in question on 11.09.2022 at 11.00 a.m. in the presence of the petitioners, and thereafter, take decision, in event, if any, government kaluve has been encroached by the petitioners. 4. In that view of the matter, the petitioners are directed to be present at the time of the survey along with any relevant documents, to enable respondent Nos.2 and 3 to take an appropriate decision in the matter. Accordingly, the writ petition stands disposed of. - 5 - HC-KAR CNR: KAHC010505832026 NC: 2026:KHC:42780 WP No. 23206 of 2026 Till the consideration of the same, the respondents are restrained from taking any coercive steps against the petitioners in respect of the subject land. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 22