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2026 DAILYLAW 39458 (KAR)

SMT. RATHNAMMA v. THE TAHSILDAR

WP/24654/2026 · 2026-09-08

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010538722026 NC: 2026:KHC:48648 WP NO.24654 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.24654 OF 2026 (KLR-RES) BETWEEN: SMT. RATHNAMMA W/O MR. MANJUNATH G., AGED ABOUT 57 YEARS, R/AT BIJJAVARA VILLAGE, DEVANAHALLI TALUK, KASBHA HOBLI, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. P.B. RAJU, ADVOCATE) AND: 1. THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT. 2. THE DEPUTY TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT. 3. THE TALUK SURVEYOR DEVANAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT. 4. THE REVENUE INSPECTOR DEVANAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010538722026 NC: 2026:KHC:48648 WP NO.24654 OF 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EVICTION ORDER DATED 18TH APRIL, 2026 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-R; QUASH THE COMMUNICATION DATED 14TH JULY, 2026 ISSUED BY THE RESPONDENT NO.1 TO THE RESPONDENT NO.2 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 Sri. Shamanth Naik, learned Additional Government Advocate accepts notice for respondents. 2. The petitioner herein is challenging the order of eviction dated 18th April, 2026 (Annexure-R) and consequential communication dated 14th July, 2026 (Annexure-A) issued by the respondent No.1. 3. Heard Sri. P.B. Raju, learned counsel appearing for the petitioner and Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondents. 4. Having heard the learned counsel appearing for the parties, on careful perusal of the impugned order dated 18th April, 2026 (Annexure-R), it is forthcoming that the respondent - 3 - HC-KAR CNR: KAHC010538722026 NC: 2026:KHC:48648 WP NO.24654 OF 2026 No.1 has directed the respondents 2 and 3 to remove the encroachment made by the petitioner in the subject land. In this regard, I am of the view that the respondent-Authorities ought to have conducted the spot inspection and survey of the land in question before taking action against the petitioner as to the alleged encroachment by the petitioner, if any. 5. Therefore, the respondent No.1 and the jurisdictional Assistant Director of Land Records are directed to conduct spot inspection and survey of the land in question on 12th October, 2026 at 11.00 am in the presence of the petitioner and thereafter, take decision in the matter in accordance with law. It is made clear that, till the conclusion of the aforesaid exercise, the respondent-Authorities shall not take any coercive action against the petitioner in respect of the land in question. With this observation, writ petition stands disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 21