SUNNY KULATHAKKAL v. THE STATE PRINCIPAL SECRETARY
WP/20708/2024 · 2026-07-27
E S Indiresh
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34390 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34390 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR
CNR: KAHC010438052024 NC: 2026:KHC:38615 WP No. 20708 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20708 OF 2024 (KLR-RES) BETWEEN:
SUNNY KULATHAKKAL S/O LATE K T GEORGE AGED ABOUT 80 YEARS R/A NO 3423, 3RD CROSS 2ND STAGE, INDIRANAGAR BANGALORE - 560038 REP. BY GPA HOLDER MR K GEORGE VARGHESE S/O LATE K V GEORGE AGED ABOUT 64 YEARS R/A NO 302 JERICO HEBRON 1ST MAIN, 1ST CROSS, 1ST BLOCK HBR LAYOUT, KALYAN NAGAR POST BANGLAORE - 560043. …PETITIONER (BY SRI. DILRAJ JUDE ROHIT SEQUEIRA., ADVOCATE) AND:
1.
THE STATE PRINCIPAL SECRETARY REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BENGALURU - 560001.
2.
THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR
CNR: KAHC010438052024 NC: 2026:KHC:38615 WP No. 20708 of 2024
KEMPEGOWDA ROAD BEHIND KANDAYA BHAVANA BENGALURU - 560009.
3.
THE THASILDHAR BANGALORE NORTH TALUK K R PURAM, BENGALURU - 560036 …RESPONDENTS (BY SRI.K RAMIREDDY, ADVOCATE FOR C/R3(CP 13066/24):
SRI. SPOORTHY HEGDE N HCGP FOR R1 & R2)
THIS W.P IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/QUASH IN THE NATURE OF WRIT OF CERTIORARI, THE NOTICE BEARING NO. LND.CR.51/2024-25 DATED: 26.07.2024, CALLING UPON THE PETITIONER HEREIN TO VACATE THE LAND MEASURING 3- 00 ACRES IN SURVEY NO. 16/P10 IN KANNUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE, PRODUCED AT ANNEXURE- A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER In this writ petition, the petitioner is assailing the notice dated 26.07.2024 (Annexure-A), issued by the respondent No.2, directing the petitioner, to vacate 3 acres of land bearing Sy.No.16/P10 of Kannur Village, Bidarahalli Hobli, Bangalore East Taluk.
- 3 -
HC-KAR
CNR: KAHC010438052024 NC: 2026:KHC:38615 WP No. 20708 of 2024
2. Having heard the learned counsel appearing for the parties and, on careful consideration of the impugned notice at Annexure-A, would indicate that, the petitioner has been directed to vacate the land in question. However, perusal of the notice would indicate that, it is in the nature of penal action.
3. In that view of the matter, without expressing any opinion on the merits of the case, respondent Nos.2 and 3, along with the jurisdictional ADLR, are directed to conduct spot inspection as well as the survey of the land in question, in the presence of the petitioner on 24.08.2026 at 11.00 a.m. and, thereafter, in the event, the petitioner has encroached the land belonging to the Government, it is open for the respondents to take action against the petitioner, in accordance with law. However, till the conclusion of the entire process of survey, and the decision that may be taken by respondent Nos. 2 and 3, the respondents are restrained from taking any precipitative action against the petitioner.
- 4 -
HC-KAR
CNR: KAHC010438052024 NC: 2026:KHC:38615 WP No. 20708 of 2024
4. While considering case of the petitioner, the respondent- Authorities are
directed to consider documents filed by the petitioner in IA No.1/2026 before this Court and the prayer made in the IA No.1/2024 before this Court, in accordance with law. *Accordingly, Annexure-A is set aside.
5. With this observation, the petition is, accordingly,
disposed of.
Sd/- (E.S.INDIRESH) JUDGE
Cm/- LIST NO.: 1 SL NO.: 16
* inserted vide Chambers Order dated 12.08.2026.