- 1 - HC-KAR CNR: KAHC010600352026 NC: 2026:KHC:47827 WP No. 27112 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 27112 OF 2026 (KLR-RES) BETWEEN: 1. SRI RAJEGOWDA AGED ABOUT 64 YEARS S/O LATE THAMMEGOWDA R/AT THELAGINAKOPPA VILLAGE KOMALAPURA POST, RAVANDURU HOBLI PERIYAPATTANNA TALUK, MYSURU DISTRICT-571107. …PETITIONER (BY SRI. RAJARAMA S., ADVOCATE) AND: 1. THE TAHSILDAR PERIYAPATTANA TALUK MYSURU DISTRICT - 571107 2. SRI. YOGESH S/O SANNEGOWDA AGED ABOUT 52 YEARS R/AT MALLINATHAPURA VILLAGE KASABA HOBLI, PERIYAPATTANA TALUK, MYSURU DISTRICT - 571107 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) (FOR SERVICE OF NOTICE TO R2 IS DISPENSED WITH ) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010600352026 NC: 2026:KHC:47827 WP No. 27112 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI BY QUASHING THE IMPUGNED ORDER IN ಎ.ಎ...ಆ (ಪ)158/2023-2024 DATED 09.01.2024 IN THE FILE OF COURT BEFORE THE TAHSHILDAR PERIYAPATTANA VIDE ANNEXURE-A 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 1. Having heard the learned counsel for the parties and on careful consideration of the impugned order dated 09.01.2024 (Annexure-A) would indicate that respondent No. 1 has issued the impugned order without conducting the spot inspection and survey of the land in question. 2. In that view of the matter, in order to identify whether the petitioner herein has encroached the Government land or not, has to be ascertained only with the aid of the appropriate survey and the spot inspection that may be made by respondent No.1 along with the jurisdictional ADLR in the presence of the petitioner. - 3 - HC-KAR CNR: KAHC010600352026 NC: 2026:KHC:47827 WP No. 27112 of 2026 3. In that view of the matter, I proceed to pass the following: ORDER i. The writ petition is disposed of. ii. The order dated 09.01.2024 (Annexure-A) passed by respondent No. 1 is accordingly set aside. iii. Respondent No. 1 along with the jurisdictional ADLR, shall conduct spot inspection and survey in respect of the land in question on 06.10.2026 at 11.00 a.m. in the presence of the petitioner and thereafter take a decision in the matter in accordance with law. iv. Till the consideration of the same, the respondents shall not interfere with the claim made by the petitioner in respect of the subject land. - 4 - HC-KAR CNR: KAHC010600352026 NC: 2026:KHC:47827 WP No. 27112 of 2026 v. Pending IAs, if any, stand disposed of accordingly. Sd/- (E.S.INDIRESH) JUDGE SKS