- 1 - HC-KAR NC: 2026:KHC:2169 WP No. 424 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 424 OF 2026 (KLR-RES) BETWEEN: CHIRAG A SON OF ASHOK H.T. AGED ABOUT 12 YEARS, STUDENT, SINCE MINOR, REPRESENTED BY HIS NATURAL GUARDIAN- MOTHER, SMT. KOMALA, WIFE OF ASHOK H.J. AGED ABOUT 38 YEARS, HOUSE WIFE, RESIDENT OF NO. 490, 5TH CROSS, 'A' BLOCK, DCM TOWN-SHIP, DAVANGERE - 577 003. …PETITIONER (BY SRI. R.P. MUNJOJI, ADVOCATE FOR SRI. M.R. HIREMATHAD, ADVOCATE) AND: 1. THE CHIEF SECRETARY DEPARTMENT OF REVENUE, M. S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT, DAVANAGERE - 577 002. Digitally signed by JAI JYOTHI J Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2169 WP No. 424 of 2026 3. THE TAHASILDAR JAGALURU TALLUK, JAGALURU, DAVANAGERE DISTRICT - 577 235. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THE ACTION OF THE R-3 AS PER THE PHOTOGRAPH PRODUCED AT ANNX-G AND G1 IS HIGHLY ILLEGAL AND UNLAWFUL AND ISSUE THE WRIT OF MANDAMUS OR ANY ORDER IN THE NATURE OF THE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS IN PARTICULAR R-3 CONDUCT THE SURVEY OF THE SAID LAND AS PER THE PREVAILING DOCUMENTS AND CONDUCTING AN EQUIRY AS TO THE EXTINGUISHMENT OF THE OLD ROAD CONNECTING THE BILICHODU AND JAGALUR AND PRAY FOR TO PASS SUCH OTHER ORDER OR DIRECTION IN THE INTEREST OF JUSTICE AND EQUITY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Though the matter is coming up for preliminary hearing, with the consent of the learned High Court Government Pleader and the learned counsel for the petitioner, the matter is taken up for final disposal. - 3 - HC-KAR NC: 2026:KHC:2169 WP No. 424 of 2026 3. The grievance of the petitioner is that respondent No.3-Tahsildar, Jagalur Taluk, has put up a few boundary stones on the property belonging to the petitioner, as found at Annexure-G series. When inquired, the Tahsildar has stated that there is a road or pathway in the property belonging to the petitioner and therefore the same has to be demarcated for the use of the general public. The prayer in the writ petition is to declare that the action of respondent No.3 is illegal and unlawful and therefore issue a writ of mandamus directing respondent No.3 to conduct a survey of the land as per the prevailing documents and conduct an inquiry as to the extinguishment of the old road connecting 'Bilichodu' and 'Jagalur'. 4. Learned High Court Government Pleader raises an objection that if action is taken by the Tahsildar in accordance with law, it is for the petitioner to give a reply or raise an objection to the action taken by the Tahsildar, and the Tahsildar should be directed to consider the reply or objections that would be raised by the petitioner. The Tahsildar will have to conduct an inquiry in accordance with law, give sufficient - 4 - HC-KAR NC: 2026:KHC:2169 WP No. 424 of 2026 opportunity of hearing to the petitioner and thereafter, pass necessary orders only in accordance with law. 5. In that view of the matter, the writ petition stands disposed of reserving liberty to the petitioner to file an objection before respondent No.3-Tahsildar, Jagalur Taluk, within a period of fifteen days from today. The Tahsildar shall consider the objections that could be filed by the petitioner look into the documents that could be furnished by the petitioner, afford an opportunity of hearing to all concerned, including the petitioner and thereafter, pass necessary orders only in accordance with law. Needless to observe that till a decision is taken by the Tahsildar in accordance with law, the Tahsildar shall not precipitate the matter any further. Learned High Court Government Pleader is permitted to file memo of appearance within a period of two weeks from today. Sd/- (R DEVDAS) JUDGE rv, No.: 14