- 1 - HC-KAR CNR: KAHC010056032015 NC: 2026:KHC:49045 WP No. 35604 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 35604 OF 2015 (KLR-RES) BETWEEN: 1. SRI T R NAGESH S/O LATE RAME GOWDA AGED ABOUT 58 YEARS, R/O TALAVARA, KUNDUR POST, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT. …PETITIONER (BY SRI NARASIMHARAJU, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560 001. 2. THE PRINCIPAL SECRETARY FOREST DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR-577131. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010056032015 NC: 2026:KHC:49045 WP No. 35604 of 2015 4. THE TAHASILDAR, MUDIGERE TALUK, CHIKKAMAGALUR DISTRICT-577132. …RESPONDENTS (BY SRI SHAMANTH NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER THEREBY CANCELLING THE JOINT MAP PERTAINING TO LAND IN SY.NO.202, PLOT NO.38, MEASURING TO AN EXTENT OF 5 ACRES SITUATED AT KUNDUR VILLAGE, BANAKAL HOBLI, MUDIGER TQ., DT.24.6.2009 VIDE ANNX-H. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, petitioner is assailing the order dated 23.06.2009 (Annexure-H) passed by the respondent No.4. 3. Having heard the learned counsel, Sri Narasimharaju appearing for the petitioner and learned Additional Government Advocate appearing for the - 3 - HC-KAR CNR: KAHC010056032015 NC: 2026:KHC:49045 WP No. 35604 of 2015 respondents, and on careful consideration of the order dated 23.06.2009 (Annexure-H) passed by the respondent No.4 would indicate that, it is not forthcoming from the order passed at Annexure-H as to the jurisdiction of the respondent No.4 is concerned. It is also to be noted that, if any sketch is required to be quashed by the competent Authority, the said Authority has to exercise the jurisdiction under Section 49 of the Karnataka Land Revenue Act, 1964. It is also forthcoming that, while quashing the joint survey, no opportunity was extended to the petitioner and no notice was issued to the petitioner before passing the order at Annexure-H. Therefore, the impugned order at Annexure-H is liable to be quashed. 4. In that view of the matter, I am of the view that respondent No.4 has no jurisdiction to pass the order at Annexure-H dated 23.06.2009. Accordingly, I find force in the submission made by the learned counsel for the petitioner. - 4 - HC-KAR CNR: KAHC010056032015 NC: 2026:KHC:49045 WP No. 35604 of 2015 Accordingly, I pass the following: ORDER i) The writ petition is allowed. ii) The order dated 23.06.2009 at Annexure-H is quashed. In view of quashing the Annexure - H, I am of the view that the respondent - Authorities are directed not to interfere with the possession of the petitioner except in accordance with due process of law. If the respondent - Authorities intend to take any decision against the petitioner, they shall follow the procedure contemplated under law. SD/- (E.S.INDIRESH) JUDGE BKM List No.: 1 Sl No.: 47