- 1 - HC-KAR CNR: KAHC010178342025 NC: 2026:KHC:45503 WP No. 9249 of 2025 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.9249 OF 2025 (KLR-RES) BETWEEN: 1. SRI. P. VENUGOPAL S/O LATE C. PILLAPPA AGED ABOUT 66 YEARS RESIDING AT SHIVA SADHANA KALKERE AGRA MAIN ROAD NEAR MUNESHWARA TEMPLE C. PILLAPPA FARMS BENGALURU - 560043. …PETITIONER (BY SRI. P.B. RAJU, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING, DR. B.R.AMBEDKAR VEEDI, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT KANDAYA BHAVAN BENGALURU - 560001. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010178342025 NC: 2026:KHC:45503 WP No. 9249 of 2025 3. THE TAHSILDAR KRISHNARAJAPURAM, BENGALURU EAST TALUK BENGALURU - 560016. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS K.R. PURAM, TAHSILDAR OFFICE BUILDING OLD MADRAS ROAD, BENGALURU - 560016. 5. SRI. MANJUNATH S/O LATE NARAYANAPPA AGED ABOUT 35 YEARS RESIDING AT KALKERE, MACHINE STREET, HORMAVU BENGALURU - 560043. 6. SRI. R. MANJUNATH S/O LATE M. RAMAKRISHNA AGED ABOUT 38 YEARS RESIDING AT NO.427, GOKUL NILAYA, KALKERE, CHANNASANDRA MAIN ROAD HORAMAVU POST BENGALURU - 560043. 7. SRI. K. RAMAPRASAD S/O LATE M. KRISHNAPPA AGED ABOUT 35 YEARS RESIDING AT NO.336/1, MANJUNATHA NILAYA, KALKERE, CHANNASANDRA MAIN ROAD HORAMAVU POST BENGALURU - 560043. - 3 - HC-KAR CNR: KAHC010178342025 NC: 2026:KHC:45503 WP No. 9249 of 2025 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R4; SRI. U. SHIVAKUMAR, ADVOCATE FOR R5 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE COMMUNICATION DATED 20.09.2024, BEARING NO. JA.D/A/SA-1/CR/04/24-25 ISSUED BY THE DEPUTY COMMISIONER I.E. THE RESPONDENT NO.2 AT ANNEXURE-A 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 petitioner herein is assailing the communication bearing No.JA.DA/A/SA-1/CR/04/24-25 dated 20.09.2024 (Annexure-A) issued by respondent No.2. 2. Heard learned counsel appearing for the parties. 3. Sri. P.B. Raju, learned counsel appearing for the petitioner contended that the respondent - authorities have issued the impugned communication at Annexure-A based on the complaint filed by the private respondent herein and further - 4 - HC-KAR CNR: KAHC010178342025 NC: 2026:KHC:45503 WP No. 9249 of 2025 submitted that there is no road provided in the CDP as per Annexure-C1 to the Writ Petition, as the land in question is situated within the BBMP jurisdiction and accordingly, sought to set aside the impugned communication. 4. Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondent Nos.1 to 4, submitted that the impugned communication has been addressed to respondent No.3 by respondent No.2 to conduct survey and to remove any encroachment made on the road and therefore sought for dismissal of the Writ Petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, on careful consideration of the averments made in the Writ Petition would indicate that the petitioner's schedule property is situated in Kalakere Village, K.R.Puram Hobli, Bengaluru East Taluk, which is situate within the limits of BBMP. In that view of the matter, taking into consideration that as there is no road - kaludari provided in CDP as per Annexure-C1, the respondent-authorities are taking action in the matter at the behest of the private respondents. In that view of the matter, without considering the CDP, - 5 - HC-KAR CNR: KAHC010178342025 NC: 2026:KHC:45503 WP No. 9249 of 2025 respondent No.2 has committed an error in addressing a letter to respondent No.3 to conduct survey in the land belonging to the petitioners and such action is arbitrary and contrary to relevant CDP produced at Annexure-C1. 6. Accordingly, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The communication bearing No.JA.DA/A/SA- 1/CR/04/24-25, dated 20.09.2024 (Annexure-A), issued by respondent No.2 to respondent No.3 is hereby set aside. (iii) It is made clear that, if the respondent -authorities intend to protect kaludari/road if available in the relevant documents, it is open for the respondent-authorities to take action in the matter in accordance with law. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 3