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2026 DAILYLAW 35211 (KAR)

SRI. MARIYAPPA v. STATE OF KARNATAKA

WP/29849/2024 · 2026-07-27

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010604932024 NC: 2026:KHC:38604 WP No. 29849 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. 29849 OF 2024 (KLR-RES) BETWEEN: 1. SRI. MARIYAPPA S/O CHANNAIAH AGED 45 YEARS 2. SRI PUTTARAJU S/O CHANNAIAH AGED 48 YEARS 3. SMT SOUBHAGYA W/O SURESH AGED 40 YEARS 4. SRI SIDDARAJU S/O KARIYAIAH AGED 45 YEARS 5. SRI GANGADHAR S/O HANUMAIAH AGED 45 YEARS 6. SRI PUTTASWAMY M P S/O LATE PUTTALINGAIAH AGED 50 YEARS ALL ARE R/AT CHAKKERE VILLAGE MALURU HOBLI, Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA - 2 - HC-KAR CNR: KAHC010604932024 NC: 2026:KHC:38604 WP No. 29849 of 2024 CHANNAPATNA TALUK RAMANAGARA DISTRICT - 562 160 …PETITIONERS (BY SRI. PRAKASH M H., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER RAMANAGAR DISTRICT RAMANAGAR - 562 159. 3. THE ASSISTANT COMMISSIONER RAMANAGAR SUB DIVISION RAMANAGAR-562 159. 4. THE THASHILDAR CHANNAPATNA TALUK RAMANAGAR DISTRICT-562 159. 5. SMT V R GAYATHRI C/O KRISHNA S AGED 40 YEARS R/AT NO. 2992, 1ST BLOCK M VISHWESHWARAIAH LAYOUT KHB APARTMENT, HOUSING BOARD, KENGERI BANGALORE - 560 060. 6. SRI CHIKKA YELLEGOWDA S/O ANKE GOWDA AGED 75 YEARS R/AT CHAKKERE VILLAGE MALURU HOBLI, CHANNAPATNA TALUK RAMANGARA DISTRICT 562 160. …RESPONDENTS - 3 - HC-KAR CNR: KAHC010604932024 NC: 2026:KHC:38604 WP No. 29849 of 2024 (BY SMT. B P RADHA, AGA FOR R1 TO R4: SRI. PAVAN T G., ADVOCATE FOR R6: R5 SERVED) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO THE R2 AND R4 TO TAKE SUITABLE ACTION AND TO GIVE EFFECT TO THE COMMUNICATION DTD 24.08.24 VIDE ANNEXURE-L 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, petitioners have sought for a writ of mandamus against respondent Nos.2 to 4 to take suitable action and to give effect to the communication dated 24.08.2024 (Annexure-L). 2. Sri M.H.Prakash, learned counsel appearing for the petitioner, invited the attention of this Court to Annexure- E and submitted that the obstruction has been removed after conducting the survey. However, again the same was encroached by the respondent Nos. 5 and 6 herein and accordingly sought for implementing the letter dated 24.08.2024 (Annexure-L) issued by respondent No. 4. - 4 - HC-KAR CNR: KAHC010604932024 NC: 2026:KHC:38604 WP No. 29849 of 2024 3. Per contra, learned AGA submitted that, the survey has been conducted and in the event, if the obstruction has been made again, the same shall be considered in accordance with law. Accordingly, sought for dismissal of the petition. 4. In the light of the submissions made by learned counsel appearing for the parties, and on careful consideration of Annexure-E, would indicate that, the survey has been conducted and thereafter, the encroachment made in the land bearing Sy.No.504 of Maluru Village, Channappatna Taluk, was removed. However, it is the grievance of the petitioners that, after conducting the survey, again, the private respondents herein have made an encroachment. 5. In that view of the matter, I am of the view that respondent No.4 be directed to remove any obstruction made in respect of the subject land, by looking into the survey made as per the Annexure-E, with the help of the - 5 - HC-KAR CNR: KAHC010604932024 NC: 2026:KHC:38604 WP No. 29849 of 2024 jurisdictional police, within a period of three months from the date of receipt of a copy of this order. 6. It is made clear that, respondent No.4 is directed to implement Annexure-L, if no action has been taken as on today. 7. With the above observations, the writ petition stands disposed of. Sd/- (E.S.INDIRESH) JUDGE Cm/- LIST NO.: 1 SL NO.: 6