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2026 DAILYLAW 41023 (KAR)

SRI.MALARAM v. THE STATE OF KARNATAKA

WP/27638/2026 · 2026-09-16

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010603512026 NC: 2026:KHC:50594 WP No. 27638 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.27638 OF 2026 (KLR-RES) BETWEEN: 1. SRI. MALARAM S/O. SAJJARAMJI, AGED ABOUT 55 YEARS, R/AT HOSPITAL ROAD, HOSAPETE, HULIYURDURGA, TUMAKURU DISTRICT, KARNATAKA - 572123. 2. SRI. NATARAJU S/O. GANGADHARAIAH, AGED ABOUT 49 YEARS, R/AT HOSPITAL ROAD, HOSAPETE, HULIYURDURGA, TUMAKURU DISTRICT, KARNATAKA - 572123. …PETITIONERS (BY SRI. ARUNACHALAM SHIVAKUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010603512026 NC: 2026:KHC:50594 WP No. 27638 of 2026 DEPARTMENT OF REVENUE, M. S. BUILDING, BENGALURU-560 001. 2. THE TAHSILDAR KUNIGAL TALUK, TUMAKURU DISTRICT - 572130. 3. SRI DAMODAR CHHATRA SRI VENUGOPALASWAMY AND PRASANNA NANJUNDESHWARA SWAMY CHARITABLE TRUST, REPRESENTED BY ITS AUTHORISED REPRESENTATIVE, HULIYURDURGA, KUNIGAL TALUK, TUMAKURU - 572130. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE DATED 14.08.2026 SUBMITTED BY THE PETITIONER NOS.1 AND 2 AND NOTIFICATION REPRESENTATIONS DATED 23.07.2026 ANNEXURE-C ISSUED BY RESPONDENT NO.2, AND PASS APPROPRIATE ORDERS THEREON WITHIN SUCH TIME AS MAY BE FIXED BY THIS HONBLE COURT AND, PENDING CONSIDERATION AND DISPOSAL OF THE SAID REPRESENTATIONS, RESTRAIN RESPONDENT NO.3, ITS REPRESENTATIVES, SERVANTS, CONTRACTORS AND ALL PERSONS OFFICE-BEARERS, AGENTS, CLAIMING THROUGH OR - 3 - HC-KAR CNR: KAHC010603512026 NC: 2026:KHC:50594 WP No. 27638 of 2026 UNDER IT, NOT TO DEMOLISH, REMOVE, ALTER, DAMAGE OR OTHERWISE INTERFERE WITH THE EXISTING SHOP PREMISES IN THE PEACEFUL POSSESSION AND ENJOYMENT OF THE PETITIONERS, OR FORCIBLY DISPOSSESS OR ATTEMPT TO DISPOSSESS THE PETITIONERS THEREFROM. THE REPRESENTATIONS DATED PETITIONER NOS.1 AND 2 ARE HEREWITH PRODUCED AND 14.08.2026 SUBMITTED BY MARKED AS ANNEXURES-A AND B, RESPECTIVELY, AND A COPY OF THE NOTIFICATION BEARING NO.DVS:CR:101/2026- 27 DATED 23.07.2026 IS HEREWITH PRODUCED AND MARKED AS ANNEXURE-C. 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 The Learned Additional Government Advocate accepts notice for Respondent Nos. 1 and 2. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioners have sought for consideration of the representation dated 14.08.2026, produced as Annexure-A by the respondent-authorities. - 4 - HC-KAR CNR: KAHC010603512026 NC: 2026:KHC:50594 WP No. 27638 of 2026 4. Perusal of the averments made in the representation would indicate that the petitioners have sought for protection against forcible eviction/demolition. In view of the nature of the relief sought, the matter is essentially civil in nature. Accordingly, Respondent No.2-Tahasildar, cannot be directed to consider the representation produced at Annexure- A. 5. In that view of the matter, the writ petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 25