- 1 - HC-KAR CNR: KAHC010613122026 NC: 2026:KHC:53181 WP NO.28274 OF 2026 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.28274 OF 2026 (KLR-RES) BETWEEN: SRI. KIRAN KUMAR K.N. S/O LATE NAGAIAH, AGED ABOUT 51 YEARS, ADHITHYA DENTAL CLINIC, UPPARAHALLI, TUMAKURU – 572 102. …PETITIONER (BY SRI. SRINIVAS A.R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. 2. THE DEPUTY COMMISSIONER TUMAKUR DISTRICT, TUMAKURU – 572 101. 3. THE TAHASILDHAR, KORATGERE TALUK, KORATAGERE MAIN ROAD, NEAR NADA KACHERI, TUMAKURU DISTRICT, TUMAKUR – 572 101. Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010613122026 NC: 2026:KHC:53181 WP NO.28274 OF 2026 4. THE TALUK SURVEYOR KORATAGERE TALUK, TUMAKURU – 572 101. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS 2 TO 4 TO CONSIDER THE REPRESENTATION DATED 27TH AUGUST, 2026 TO RESTORE AND TO CLEAR THE OF ENCROACHMENTS OVER ORIGINAL CART ROAD (BANDI DARI) IN GATTITIMMANAHALLI VILLAGE, C.N. DURGA(H), KORATAGERE TALUK, TUMAKURU DISTRICT IN ACCORDANCE WITH ANNEXURE-A; 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 Sri. Shamanth Naik, learned Additional Government Advocate accepts notice for respondents. 2. In this petition, the petitioner is seeking direction to the respondents 2 to 4 to consider the representation dated 27th August, 2026 (Annexure-A) for clearing the encroachments made over the original Cart Road (Bandi Dari) exists in Survey Nos.23, 24 and 26 of Gattitimmanahalli Village, C.N. Durga (H), Koratagere Taluk; inter alia sought for quashing the report - 3 - HC-KAR CNR: KAHC010613122026 NC: 2026:KHC:53181 WP NO.28274 OF 2026 dated 01st December, 2025 (Annexure-L) made by the respondent No.3. 3. Heard Sri. Srinivas A.R., learned counsel appearing for the petitioner and Sri. Shamanth Naik, learned Additional Government Advocate appearing for respondents. 4. Having heard the learned counsel appearing for the parties, on perusal of the averments made in the writ petition, it is forthcoming that the relief claimed by the petitioner is to clear the encroachment made over the Cart Road (Bandi Dari) in question situate at Gattitimmanahalli Village, Koratagere Taluk. In this regard, the respondent No.3 forwarded a report dated 01st December, 2025 (Annexure-L) to the Additional Government Advocate stating that, the action has been taken and encroachment made over the Cart Road has been cleared. However, learned counsel appearing for the petitioner contended that the encroachment has not been cleared effectively. 5. Therefore, I am of the view that the respondent- Authorities shall conduct spot inspection and survey of the Cart - 4 - HC-KAR CNR: KAHC010613122026 NC: 2026:KHC:53181 WP NO.28274 OF 2026 Road exists in Survey Nos.23, 24 and 26 of Gattitimmanahalli Village, Koratagere Taluk in terms of the Village Map in presence of the petitioner. Accordingly, the respondent No.3 is directed to conduct spot inspection and survey along with the jurisdictional Assistant Director of Land Records on 29th October, 2026 at 11.00 a.m. in presence of the petitioner and clear the encroachment made over the Cart Road in question. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 21