Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 42859 (KAR)

SRI ROHITH YADAV G v. THE STATE OF KARNATAKA

WP/30288/2026 · 2026-09-24

E S Indiresh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010661882026 NC: 2026:KHC:52895 WP No. 30288 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.30288 OF 2026 (KLR-RES) BETWEEN: 1. SRI. ROHITH YADAV G. S/O. GANGADHARIAH AGED ABOUT 43 YEARS RESIDING AT NO.9, NANDAGOKULA NILAYA, 1ST MAIN, SIDDAPPA LAYOUT, DEVASANDRA, BENGALURU-560036. 2. SRI. D.M. NARAYANASWAMY S/O LATE A. MUNIYAPPA AGED ABOUT 57 YEARS, RESIDING AT NO.46, YADHU KUTTE, 5TH CROSS, MUNESHWARA LAYOUT, KODIGEHALLI MAIN ROAD, NEAR SEA COLLEGE, BENGALURU-560036. 3. SRI. BABHA FAKRUDIN P. S/O PAKEER SAB, AGED ABOUT 43 YEARS RESIDING AT NO.29, 2ND CROSS, OPP. TO Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010661882026 NC: 2026:KHC:52895 WP No. 30288 of 2026 MYTHRI NURSING HOME, DEVASANDRA, BENGALURU-560036. 4. SRI. BHARATH.R S/O LATE RAMACHANDRAPPA, AGED ABOUT 28 YEARS R/AT NO.WARD NO.31, THIMMASANDRA, KONAPPALLI POST, CHINTHAMANI-563125. 5. SRI. THARUNKUMAR R. S/O LATE RAMACHANDRAPPA, AGED ABOUT 25 YEARS R/AT NO. WARD NO.31, THIMMASANDRA, KONAPPALLI POST, CHINTHAMANI-563125. …PETITIONERS (BY SRI. MAHESH L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA PRINCIPAL REVENUE SECRETARY 5TH FLOOR, 3RD GATE, M.S. BUILDING, BENGALURU-560 001. 2. THE TAHASILDAR CHINTAMANI TALUK, CHINTHAMANI- 563125. - 3 - HC-KAR CNR: KAHC010661882026 NC: 2026:KHC:52895 WP No. 30288 of 2026 3. ASSISTANT DIRECTOR OF LAND RECORDS CHINTAMANI TALUK, CHINTHAMANI- 563125. 4. SMT. E. VIJIAMMA AGED MAJOR W/O NARAYANAPPA R/AT. THIMMASANDRA VILLAGE, AMBAJI DURGA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPURA DISTRICT-563159. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE NOTICE BEARING NO.N.C.R/CR/81/2025-26 DATED 09-09-2026 ISSUED BY 2ND RESPONDENT, VIDE ANNEXURE-A AND DIRECT THE RESPONDENT NO.2 TO STOP THE OPERATION OF WORK UNTIL IT GETS QUASHED IN SO FOR AS PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR CNR: KAHC010661882026 NC: 2026:KHC:52895 WP No. 30288 of 2026 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this Writ Petition, petitioners are challenging the notice dated 09.09.2026 (Annexure-A) issued by respondent No.2 to conduct survey in respect of land in question and to remove encroachment if any in the channel (kaluve) in land bearing Sy.No.137 to 140 of Thimmasandra Village, Ambaji Durga Hobli, Chintamani Taluk, Chikkaballapura District. 2. It is contended by Sri. Mahesh L., learned counsel appearing for the petitioners, by referring to the notice bearing No.N.C.R.CR/E-/2025-26/81 dated ../04/2026 (Annexure-H), issued to petitioner No.1, wherein it is stated that the survey will be made as per the re-classification of Map and accordingly, sought for interference of this Court. 3. Per contra, Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondent Nos.1 to 3, submitted that as the respondent-authorities have taken steps to remove the encroachment in the channel (kaluve) and therefore contended that, the Writ Petition is premature. - 5 - HC-KAR CNR: KAHC010661882026 NC: 2026:KHC:52895 WP No. 30288 of 2026 4. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the impugned notice would indicate that the notice dated 09.09.2026 has been issued by respondent No.2 to conduct survey in respect of the land bearing Sy.No.137 to 140 of Thimmasandra Village, Ambaji Durga Hobli, Chintamani Taluk. 5. Taking into consideration the reasons assigned in the impugned notice, wherein the respondent-authorities have sought to remove encroachment if any over the channel which runs through the aforementioned survey Numbers, I am of the view that, no interference is called for in this Writ Petition. However, if the petitioners are aggrieved of any adverse orders by the respondent-authorities, it is open for them to challenge the same in a manner known to law. 6. Accordingly, the Writ Petition is dismissed. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 43