- 1 - HC-KAR CNR: KAHC010780902011 NC: 2026:KHC:53183 WP NO.47262 OF 2011 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.47262 OF 2011 (KLR-RES) BETWEEN: SRI. KUSHALA SHETTY S/O NARAYANA SHETTY, AGED ABOUT 46 YEARS, GANTIHOLE, BIJOOR VILLAGE, KUNDAPUR TALUK, UDUPI DISTRICT. …PETITIONER (BY SRI. AJITH ANAND SHETTY, ADVOCATE) AND: 1. TAHSILDAR KUNDAPUR, UDUPI DISTRICT. 2. THE ASSISTANT COMMISSIONER KUNDAPUR SUB-DIVISION, KUNDAPUR, UDUPI DISTRICT. 3. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI. 4. THE RANGE FOREST OFFICER BYANDOOR RANGE OFFICE, KUNDAPUR TALUK, UDUPI DISTRICT. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA) Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010780902011 NC: 2026:KHC:53183 WP NO.47262 OF 2011 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2-ASSISTANT COMMISSIONER, KUNDAPURA IN CASE NO.C.DIS/REV.SR- 31/02-03 DATED 05TH APRIL, 2003 VIDE ANNEXURE-J; QUASH THE ORDER PASSED BY THE RESPONDENT NO.3-DEPUTY COMMISSIONER IN CASE NO.CDS:NCR:SR:1/03-04 DATED 19TH JULY, 2004 VIDE ANNEXURE-K; QUASH THE ORDER PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU IN R.P.NO.126/2004 DATED 29TH AUGUST, 2011 VIDE ANNEXURE-L; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, the petitioner is challenging the order dated 05th April, 2003 (Annexure-J) passed by the respondent No.2-Assistant Commissioner in Case No.C.DIS/REV.SR-31/02- 03; order dated 19th July, 2004 (Annexure-K) passed by the respondent No.3-Deputy Commissioner in Case No.CDS:NCR:SR:1/03-04; and order dated 29TH August, 2011 (Annexure-L) passed by the Karnataka Appellate Tribunal, Bengaluru in R.P.No.126/2004. 2. Heard Sri. Ajith Anand Shetty, learned counsel appearing for the petitioner; Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondents. - 3 - HC-KAR CNR: KAHC010780902011 NC: 2026:KHC:53183 WP NO.47262 OF 2011 3. Sri. Ajith Anand Shetty, learned counsel appearing for the petitioner referring to the application along with certain documents filed before this Court on 01st April, 2017 particularly, the Survey Sketch as well as the report of Joint Survey, submits that the petitioner herein has not encroached the land belonging to the Forest Department. Accordingly, he sought for interference of this Court. 4. Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondents sought to justify the impugned orders passed by the respondent-Authorities and the Karnataka Appellate Tribunal. 5. In the light of submission made by learned counsel appearing for the parties, I have carefully perused the finding recorded by the Karnataka Appellate Authority at paragraph 17 of the impugned order dated 29th August, 2011 (Annexure-L) in R.P No.126/2004. Though the learned counsel appearing for the petitioner stated that the survey has been already conducted by the respondent-Authorities, on perusal of the reasons assigned by the Karnataka Appellate Tribunal in the impugned order, I am of the view that, a fresh survey is - 4 - HC-KAR CNR: KAHC010780902011 NC: 2026:KHC:53183 WP NO.47262 OF 2011 required to be conducted in respect of the subject land by the revenue authorities in the presence of the officials of the Forest Department and the petitioner herein and thereafter, take decision in the matter. In that view of the matter, taking into consideration that fact that the writ petition is of the year- 2011, in order to avoid further delay in the matter and to conclude the issue in respect of alleged encroachment, if any, said to have been made by the petitioner at the earliest, the respondent No.1-Tahsildar is directed to conduct survey of the subject land along with the jurisdictional Assistant Director of Land Records in presence of the petitioner as well as the respondent No.4-Forest Department on 28th October, 2026 at 11.00 am and thereafter, take decision in the matter. With this observation writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 9