Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 42761 (KAR)

SHRI. RAMEGOWDA K.M, v. THE STATE OF KARNATAKA

WP/13951/2026 · 2026-09-19

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010303032026 NC: 2026:KHC:51685 WP No. 13951 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.13951 OF 2026 (KLR-RES) BETWEEN: 1. SHRI. RAMEGOWDA K.M, S/O. LATE MARIGOWDA @ UDDEGOWDA AGED ABOUT 60 YEARS. 2. SHRI. JAGADEESH K.M, S/O. LATE MARIGOWDA @ UDDEGOWDA AGED ABOUT 65 YEARS. 3. SHRI. CHANDREGOWDA @ PARAMESH, S/O. LATE KALEGOWDA AGED ABOUT 57 YEARS. 4. SMT. KOMALA M.C., W/O. K.M. CHANDREGOWDA AGED ABOUT 49 YEARS. 5. SHRI. H.R. SHARATH KUMAR, S/O. H.A. RAJMOHANGOWDA AGED ABOUT 39 YEARS. 6. SHRI. CHANDREGOWDA K.B, S/O. LATE BOBEGOWDA AGED ABOUT 73 YEARS. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010303032026 NC: 2026:KHC:51685 WP No. 13951 of 2026 7. SHRI. NIKHIL KUMAR K.M, S/O. K.B. MARIGOWDA AGED ABOUT 25 YEARS. 8. SHRI. MAHESH K.N., S/O. NANJEGOWDA K.M. AGED ABOUT 50 YEARS. 9. SHRI. K.N. GAJENDRA, S/O. K.M. NANJEGOWDA AGED ABOUT 41 YEARS. ALL ARE R/O. HULLEMANE, KUNDURU VILLAGE, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT-577132. …PETITIONERS (BY SRI. CHIDAMBARA G.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, DR.B.R. AMBEDKAR BEEDI, BENGALURU-560001. REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU-577101. 3. THE ASSISTANT COMMISSIONER, CHIKKAMAGALURU SUB-DIVISION, - 3 - HC-KAR CNR: KAHC010303032026 NC: 2026:KHC:51685 WP No. 13951 of 2026 CHIKKAMAGALURU-577101. 4. THE TAHSILDAR, MUDIGERE TALUK, MUDIGERE-577132, CHIKKAMAGALURU DISTRICT. 5. SMT. LEELAVATHAMMA, W/O. LATE ANNEGOWDA AGED ABOUT 88 YEARS. R/O. HULLEMANE, KUNDURU VILLAGE, MUDIGERE TALUK-577132 CHIKKAMAGALURU DISTRICT. 6. SHRI. RAVI KUMAR AGE NOT KNOWN TO PETITIONERS, S/O. LATE ANNEGOWDA. R/O. HULLEMANE, KUNDURU VILLAGE, MUDIGERE TALUK-577132. CHIKKAMAGALURU DISTRICT. 7. SMT. KALAVATHY, AGED ABOUT 58 YEARS, W/O. RAVI KUMAR. R/O. HULLEMANE, KUNDURU VILLAGE, MUDIGERE TALUK-577132. CHIKKAMAGALURU DISTRICT. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4; SRI. PAVAN KUMAR, ADVOCATE FOR R5 TO R7) - 4 - HC-KAR CNR: KAHC010303032026 NC: 2026:KHC:51685 WP No. 13951 of 2026 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.2 TO 4 TO CONSIDER AND INITIATE ACTION FOR REMOVAL OF GATE INSTALLED BY THE RESPONDENTS 5 TO 7 ON THE ROAD SITUATED IN SY.NO.130/1 OF HULLEMANE, KUNDURU VILLAGE, MUDIGERE TALUK, CHIKKAMAGALURU DISTRICT AS REQUESTED UNDER REPRESENTATIONS VIDE ANNEXURES-M SUBMITTED ON 20.02.2026, ANNEXURE-N DATED 21.02.2026, ANNEXURE-P DATED 12.03.2026 AND ANNEXURE-S DATED 18.04.2026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard Sri. Chidambara G. S., learned counsel appearing for the petitioners; Sri. Aditya Diwakara, learned Additional Government Advocate appearing for the respondent-State and Sri. Pavan Kumar, learned counsel appearing for the respondent Nos. 5 to 7. 2. In this writ petition, the petitioners have sought a direction to respondent Nos.2 to 4 to take appropriate action for removal of the gate installed by respondent Nos.5 to 7 on - 5 - HC-KAR CNR: KAHC010303032026 NC: 2026:KHC:51685 WP No. 13951 of 2026 the road situated in the land bearing Sy. No.130/1 of Hullamane, Kundur Village, Mudigere Taluk, Chikkamagaluru as per Annexures-M, N, P and S. 3. Having heard the learned counsel appearing for the parties and taking into consideration the averments made in the writ petition, I am of the opinion that respondent No.4- Tahsildar, along with the jurisdictional Assistant Director of Land Records (ADLR), shall conduct a spot inspection and survey of the land with the aid of the village map. 4. The said survey shall be conducted on 26.10.2026 at 11:00 a.m. in the presence of the petitioners as well as respondent Nos.5 to 7. 5. If, upon conducting the survey, the respondent- authorities come to the conclusion that respondent Nos.5 to 7 have encroached upon the public road as indicated in the village map, the respondent -authorities shall take appropriate action against respondent Nos.5 to 7 in accordance with law. 6. Till the conclusion of the entire proceedings, no coercive action shall be taken against either of the parties. - 6 - HC-KAR CNR: KAHC010303032026 NC: 2026:KHC:51685 WP No. 13951 of 2026 7. With this observation, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 6