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2026 DAILYLAW 40574 (KAR)

A SHANAIAH v. STATE OF KARNATAKA

WP/18973/2026 · 2026-09-11

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010417302026 NC: 2026:KHC:49643 WP NO.18973 OF 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.18973 OF 2026 (KLR-RES) BETWEEN: 1. A. SHANAIAH S/O LATE DODDA ANANDAIAH, AGED ABOUT 73 YEARS, R/AT SHREEKANTAIAHNAPALYA, KEMBALALU POST, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU - 572 120. 2. SRI. ANANDAIAH S/O GANGA SHANAIAH, AGED ABOUT 86 YEARS, R/AT SHREEKANTAIAHNAPALYA, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU - 572 120. 3. GANGASHANAIAH S/O SHANAIAH, AGED ABOUT 66 YEARS, R/AT SHREEKANTAIAHNAPALYA, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU - 572 120. 4. CHETHAN S.G. S/O GANGADHARAIAH, AGED ABOUT 39 YEARS, R/AT SHREEKANTAIAHNAPALYA, HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU - 572 120. …PETITIONERS (BY SRI. CHIDANANDA P., ADVOCATE) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010417302026 NC: 2026:KHC:49643 WP NO.18973 OF 2026 AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. REP. BY ITS SECRETARY. 2. DEPUTY COMMISSIONER TUMAKURU TALUK, TUMAKURU - 572 103. 3. ASSISTANT DIRECTOR OF LAND RECORDS TUMAKURU TALUK, TUMAKURU - 572 103. 4. TAHSILDAR TUMAKURU TALUK, TUMAKURU - 572 103. 5. BALLAGERE GRAMA PANCHAYAT HEBBUR HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 103. REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER. 6. SRI. BASAVANNA DEGULA SAMITHI (ASSOCIATION REGD. UNDER SOCIETIES ACT) DR. SREE SREE SIVAKUMAR SWAMIJI ROAD, TUMAKURU - 572 103. REP. BY ITS PRESIDENT B. GANAGADHARAIAH ESTATE OFFICER, SIT CAMPUS. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT-AUTHORITIES TO CONSIDER THE - 3 - HC-KAR CNR: KAHC010417302026 NC: 2026:KHC:49643 WP NO.18973 OF 2026 REPRESENTATIONS DATED 21.07.2025, 21.07.2025, 29.07.2025 AND 25.07.2025 SUBMITTED BY THE PETITIONERS VIDE ANNEXURES ‘H1’ TO ‘H4’ RESPECTIVELY AND TAKE IMMEDIATE ACTION FOR REMOVAL OF THE OBSTRUCTION/COMPOUND WALL UNLAWFULLY PUT-UP OVER THE EXISTING CART ROAD SITUATED IN SURVEY NOS.102 AND 99/2 OF SHREEKANTAIAHNAPALYA VILLAGE, BALLAGERE GRAMA, HEBBUR HOBLI, TUMAKURU TALUK; 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. Aditya Diwakara, learned Additional Government Advocate accepts notice for respondents 1 to 4. 2. In the petition, petitioners are seeking direction to the respondent-Authorities to consider the representations dated 21.07.2025 (Annexure-H1), 21.07.2025 (Annexure-H2), 29.07.2025 (Annexure-H3) and 25.07.2025 (Annexure-H4) filed by the petitioners seeking removal of the obstruction/compound wall put-up unlawfully over the existing cart road situated in Survey - 4 - HC-KAR CNR: KAHC010417302026 NC: 2026:KHC:49643 WP NO.18973 OF 2026 Nos.102 and 99/2 of Shreekantaiahnapalya Village, Ballagere Grama, Hebbur Hobli, Tumakuru Taluk. 3. Heard Sri. Chidananda P., learned counsel appearing for the petitioner and Sri. Aditya Diwakara, learned Additional Government Advocate appearing for respondents 1 to 4. 4. Having heard the learned counsel appearing for the parties, on perusal of the averments made in the writ petition, it is forthcoming that the petitioners have made representations to the respondent-Authorities, seeking removal of obstruction caused to the existing cart road situate in Survey Nos.102 and 99/2 of Shreekantaiahnapalya Village, Ballagere Grama, Hebbur Hobli, Tumakuru Taluk. Therefore, taking into consideration the fact that the respondents 2 to 4 are the statutory authorities to consider the representations of the petitioners for redressal of their grievance, without expressing any opinion on merits of the case, respondents 2 to 4 are directed to consider the representations of the - 5 - HC-KAR CNR: KAHC010417302026 NC: 2026:KHC:49643 WP NO.18973 OF 2026 petitioners produced at Annexure-H series and take decision in the matter in accordance with Section 67 of the Karnataka Land Revenue Act, within an outer limit of two months from the date of receipt of this order. Accordingly, writ petition is disposed of. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 24