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2026 DAILYLAW 35649 (KAR)

SRI H J NANDISH v. THE DEPUTY COMMISSIONER

WP/22106/2026 · 2026-08-06

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010485962026 NC: 2026:KHC:42174 WP No. 22106 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 22106 OF 2026 (KLR-RES) BETWEEN: SRI. H.J.NANDISH, S/O LATE JANARDHANA SETTY, AGED ABOUT 44 YEARS, R/O ALDUR-HOSAHALLI, CHIKMAGALURU TALUK AND DISTRICT - 577 101. …PETITIONER (BY SRI. JAGADEESH D.C., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, CHICKMAGALUR DISTRICT, CHICKMAGALUR - 577 101. 2. THE TAHSILDAR, CHIKMAGALURU TALUK, CHIKMAGALURU - 577 101. 3. THE COMMITTEE CONSTITUTED U/S 94(A AND C) OF K.L.R. ACT FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION AND CULTIVATION OF GOVERNMENT LAND, CHIKMAGALURU TALUK CHIKMAGALURU-577101. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010485962026 NC: 2026:KHC:42174 WP No. 22106 of 2026 BY ITS TAHASILDAR AND SECRETARY. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A. QUASHING THE ENQUIRY PROCEEDINGS IN CASE NO. TAHCKM- ADMNOMIS/169/2026/E-1221514 DATED 15/06/2026 BY THE RESPONDENT NO.2, ANNEXURE-C TAHASILDAR, CHIKMAGALURU TALUK, AS THE SAME IS ILLEGAL AND UNSUSTAINABLE IN LAW 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 HCGP accepts notice for the respondents. 2. In this writ petition, the petitioner is assailing the notice dated 15.06.2026 issued by the respondent No.2 (Annexure-C) and further direction to respondent No.2 to place the application of petitioner before respondent No.3- Committee. 3. Heard Sri. Jagadeesh D.C., learned counsel appearing for the petitioner and Sri. Spoorthy Hegde N., learned HCGP appearing for respondents. - 3 - HC-KAR CNR: KAHC010485962026 NC: 2026:KHC:42174 WP No. 22106 of 2026 4. Sri. Jagadeesh D.C., learned counsel appearing for the petitioner invited the attention of the Court to the order dated 21.01.2026 (Annexure-A) in WP No.29207/2025 and contended that, the application made by the petitioner is pending consideration before the respondent-authorities for regularization of the unauthorised occupation and therefore, respondent No.2 has no jurisdiction to conduct survey in respect of the land in question and accordingly, sought for interference of this Court. 5. Per contra, Sri. Spoorthy Hegde N., learned HCGP appearing for the respondents sought to justify the impugned notice at Annexure-C and submitted that the petitioner herein has put up gate in the land belonging to the Government and creating nuisance to the villagers and therefore, the survey is required to be made in the scheduled property and accordingly, sought for dismissal of the petition. 6. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the order passed by this Court at Annexure-A in WP No.29207/2025, it would indicate that the application made by - 4 - HC-KAR CNR: KAHC010485962026 NC: 2026:KHC:42174 WP No. 22106 of 2026 the petitioner is pending consideration before respondent No.3- Committee as to regularisation of unauthorised occupation, in favour of the petitioner. 7. However, the perusal of the averments made in the notice at Annexure-C, would indicate that the petitioner has put up gate in the land belonged to the Government and has, stalled the survey to be conducted by the respondent- authorities. In that view of the matter, it is the duty of the respondent-authorities to conduct survey in respect of the land in question and that too in a land, which is belonged to the Government. In that view of the matter, I am of the view that no interference is called for in this petition. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 24