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2026 DAILYLAW 42242 (KAR)

SRIRANGAPPA v. THE STATE OF KARNATAKA

WP/30205/2026 · 2026-09-22

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010662392026 NC: 2026:KHC:52203 WP No. 30205 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.30205 OF 2026 (KLR-RES) BETWEEN: 1. SRIRANGAPPA S/O LATE BANAPPA AGED ABOUT 76 YEARS R/AT VENKATESHAPURA, DODDERI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT -572112. 2. KENCHAPPA S/O LATE BANAPPA AGED ABOUT 72 YEARS R/AT VENKATESHAPURA DODDERI HOBLI MADHUGIRI TALUK TUMAKURU DISTRICT -572112. …PETITIONERS (BY SRI. NATARAJ G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010662392026 NC: 2026:KHC:52203 WP No. 30205 of 2026 PRINCIPAL SECRETARY M.S.BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560003. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572101. 3. THE TAHSILDAR MADHUGIRI MADHUGIRI TALUK -572132 TUMAKURU DISTRICT. 4. THE SURVEYOR OFFICE OF TAHSILDAR MADHUGIRI TALUK TUMAKURU DISTRICT TUMAKURU-576132. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 10-09-2026 BEING ISSUED BY THE RESPONDENT NO.3 VIDE NO.NCRCR:75/2026-27 VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR CNR: KAHC010662392026 NC: 2026:KHC:52203 WP No. 30205 of 2026 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for the respondent Nos. 2. Heard Sri. Nataraja G., learned counsel appearing for the petitioners and Sri. Aditya Diwakara, learned Additional Government Advocate appearing for the respondent-State/ 3. In this writ petition, the petitioners are assailing the impugned notice dated 10.09.2026 (Annexure- F) issued by the respondent No.3-Tahsildar. 4. This court, vide order dated 24.08.2026 in W.P.No.26512 of 2026 (Annexure-E), at paragraph No.7 has directed the respondent Nos. 3 and 4 therein to conduct spot inspection and survey in respect of subject land on 29.09.2026 at 11:00 a.m., and thereafter, take decision in accordance with law, however, perusal of the impugned notice at Annexure-F would indicate that the eviction proceedings has been initiated against the petitioners. Therefore, I am of the opinion that, respondent No.3 has misconstrued the order passed by this court at Annexure-E and the same would indicate the non-application of - 4 - HC-KAR CNR: KAHC010662392026 NC: 2026:KHC:52203 WP No. 30205 of 2026 mind by the respondent No.3. Accordingly, the impugned notice dated 10.09.2026 (Annexure-F) is set aside and the writ petition stands allowed. 5. Respondent Nos.3 and 4 are directed to conduct spot inspection and survey on 11:00 a.m., on 29.09.2026 in the presence of the petitioners and thereafter, take action in furtherance of the same, if there is any encroachment. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 2 Sl No.: 1