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2026 DAILYLAW 37549 (KAR)

SRI KUMAR K v. STATE OF KARNATAKA

WP/27251/2026 · 2026-08-29

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010609442026 NC: 2026:KHC:47060 WP No. 27251 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27251 OF 2026 (KLR-RES) BETWEEN: 1. SRI. KUMAR K. S/O. LATE KALLAIAH, AGED ABOUT 55 YEARS. 2. SRI. LOKESH K. S/O. LATE KALLAIAH, AGED ABOUT 52 YEARS. 3. SMT. KAMALA W/O. LATE. CHENNAPPA, AGED ABOUT 75 YEARS. ALL ARE R/AT PARUVAYYANAPALYA VILLAGE, HAROHALLITALUK, BENGALURU SOUTH DISTRICT-562 117. …PETITIONERS (BY SRI. PRAKASH M.H., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDING, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010609442026 NC: 2026:KHC:47060 WP No. 27251 of 2026 BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE SOUTH DISTRICT, RAMANAGARA-562 117. 3. THE ASSISTANT COMMISSIONER, RAMANAGARA SUB DIVISION, BANGALORE SOUTH DISTRICT -562159. 4. THE THASHILDAR HAROHALLI TALUK, BANGALORE SOUTH DISTRICT -562117. …RESPONDENTS (BY SRI. .,ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICES DATED 23.07.2026/12.08.2026 ISSUED BY THE RESPONDENT NO.4 IN NO. E-1134225 VIDE ANNEXURE-Q AND R AS ILLEGAL; 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 The learned Additional Government Advocate accepts notice for the respondents. - 3 - HC-KAR CNR: KAHC010609442026 NC: 2026:KHC:47060 WP No. 27251 of 2026 2. In this writ petition, the petitioners are assailing the notices dated 23.07.2026 and 12.08.2026 (Annexures-Q and R) issued by respondent No. 4-Tahasildar, inter-alia, seeking a direction to respondent No.4 to consider the representation dated 27.08.2026 (Annexure-T) and take suitable action thereon. 3. Having heard the learned counsel appearing for the parties and upon careful consideration of the impugned notices at Annexures-Q and R, it is evident that respondent No. 4 has initiated proceedings under Section 104 of the Karnataka Land Revenue Act, 1964, against the petitioners, alleging that the petitioners have encroached upon Government land. 4. In view of the above, as the respondent-authorities have not identified the extent of the alleged encroachment, if any, and as it is contended by the learned counsel appearing for the petitioners that the land in question is private land, and therefore, I am of the opinion that respondent No.4-Tahasildar, along with the jurisdictional JDLR, shall conduct a spot inspection and survey in the presence of the petitioners on 05.10.2026, to ascertain whether the petitioners have - 4 - HC-KAR CNR: KAHC010609442026 NC: 2026:KHC:47060 WP No. 27251 of 2026 encroached upon any Government land. Hence, the impugned notices produced at Annexures-Q and R are liable to quashed and accordingly, quashed. 5. In view of the above, the writ petition is accordingly disposed of in terms of the observations made hereinabove. The petitioners shall participate in the survey scheduled to be conducted on 05.10.2026 at 11:00 a.m., without waiting for any further notice from the respondents, in this regard. 6. In the meanwhile, the respondent-authorities are directed not to interfere with the schedule property belonging to the petitioners until the conclusion of the proceedings. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 2 Sl No.: 1