Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010490912026 NC: 2026:KHC:45508 WP No. 21988 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.21988 OF 2026 (KLR-RES) BETWEEN:
1.
SRI. HULLURAIAH S/O LATE DODDAIAH, AGED ABOUT 77 YEARS, R/AT DYAVAIAHNAPALYA VILLAGE, YELLAPURA DHAKALE, THIPPASANDRA HOBLI, MAGADI TALUK, BANGALORE SOUTH DISTRICT - 562 131.
2.
SRI. SANTOSH KUMAR H.
S/O HULLURAIAH, AGED ABOUT 40 YEARS, R/AT DYAVAIAHNAPALYA VILLAGE, YELLAPURA DHAKALE, THIPPASANDRA HOBLI, MAGADI TALUK, BANGALORE SOUTH TALUK - 562 131.
…PETITIONERS (BY SRI. VIRUPAKSHAIAH P.H., ADVOCATE)
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010490912026 NC: 2026:KHC:45508 WP No. 21988 of 2026
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU 560 001.
2.
THE DEPUTY COMMISSIONER BANGALORE SOUTH DISTRICT, B.M. ROAD, RAMANAGARA - 562 159.
3.
THE TAHSILDHAR MAGADI TALUK, BANGALORE SOUTH DISTRICT- 562120.
4.
THE REVENUE INSPECTOR THIPPASANDRA HOBLI, MAGADI TALUK, BANGALORE SOUTH DISTRICT - 562 131.
…RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO. NCR (ADM) 151/2025-26 NCR014/19/2026 DATED 04/07/2026 PASSED BY THE RESPONDENT NO.3 AUTHORITY VIDE ANNEXURE-E HOLDING THE SAME IS ILLEGAL AND WITHOUT JURISDICTION.
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HC-KAR
CNR: KAHC010490912026 NC: 2026:KHC:45508 WP No. 21988 of 2026
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. The petitioners in this Writ Petition are assailing the order dated 04.07.2026 in case No. NCR(ADM)151/2025-26 NCR014/19/2026(Annexure-E) passed by respondent No.3.
2. Having heard the learned counsel appearing for the parties, as it is contended by the learned counsel appearing for the petitioners that respondent No.3 herein has no jurisdiction to invoke Section 104 of the Karnataka Land Revenue Act, 1964, I am of the view that, as dispute is with regard to encroachment if any made by the petitioner, respondent No.3 along with the jurisdictional Assistant Director of Land Records, shall conduct spot inspection and survey in respect of the land in question in the presence of the petitioner and in the event if the respondent - authorities come to the conclusion that petitioner has encroached the land belonging to the
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HC-KAR
CNR: KAHC010490912026 NC: 2026:KHC:45508 WP No. 21988 of 2026
Government, then, it is open for the respondent-authorities to take decision in the matter in accordance with law to evict the petitioner from the encroached portion.
3. Accordingly, the Writ Petition is allowed. The order dated 04.07.2026 in case No. NCR(ADM)151/2025-26 NCR014/19/2026(Annexure-E) passed by respondent No.3 is hereby quashed.
4. Respondent No.3 along with the jurisdictional Assistant Director of Land Records, shall conduct spot inspection and survey in respect of the land in question in the presence of the petitioner on 28.09.2026 at 11.00 a.m. Till completion of the same, no interference be made in respect of the subject land by the respondent - authorities.
SD/- (E.S.INDIRESH) JUDGE
SAC List No.: 1 Sl No.: 22