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2026 DAILYLAW 51357 (KAR)

SRI SANTOSH H J v. THE ASSISTANT COMMISSIONER

WP/35089/2025 · 2026-01-05

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:13 WP No. 35089 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35089 OF 2025 (GM-RES) BETWEEN: SRI SANTOSH H J S/O LATE JAVARAPPA, AGE 44 YEARS RESIDING AT NO. 3/458, NETHAJI EXTENSION, 3RD BLOCK KUSHALNAGAR, KODAGU- 571234. …PETITIONER (BY SRI. K. SUMANTH GOWDA., ADVOCATE SRI. SHAHBAAZ HUSAIN.,ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION, HUNSUR-571105 MYSORE DISTRICT. 2. THE TAHSILDAR, PERIYAPATNA TALUK, MYSORE DISTRICT MYSORE- 570001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13 WP No. 35089 of 2025 3. THE DEPUTY COMMISSIONER, PERIYAPATNA TALUK, MYSORE DISTRICT MYSORE- 570001. 4. THE SUPERINTENDENT OF POLICE, PERIYAPATNA TALUK, MYSORE DISTRICT MYSORE- 570001. 5. THE TIBETAN DICKEY LAROSE CO-OPERATIVE SOCEITY LTD. CO-OPERATIVE SOCIETY REG. UNDER THE KARNATAKA CO-OPERATIVE SOCIETIES ACT 1959 BYLAKUPPE, PERIYAPATNA TALUK, MYSORE DISTRICT MYSORE- 570001. …RESPONDENTS (BY SMT.SARITHA KULKARNI., AGA FOR R1 TOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING THE RESPONDENT NO.1 TO CONSIDER THE REPRESENTATION DATED 11.08.2025 (ANNEXURE A); B. IN THE ALTERNATE, ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING THE - 3 - HC-KAR NC: 2026:KHC:13 WP No. 35089 of 2025 RESPONDENT NO.1 TAKE NECESSARY AND IMMEDIATE ACTIONS TO EVICT THE ILLEGAL OCCUPANTS FROM THE SCHEDULE PROPERTY AND RESTORE PEACEFUL POSSESSION TO THE PETITIONER; C. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING THE RESPONDENT NOS. 1-3 TO FURNISH COPIES OF I) SURVEY SKETCH AND RECORDS INDICATING THE SURVEY NUMBERS INCLUDED WITHIN CAMP NO.14 AND II) GOVERNMENT ORDERS/APPROVALS/LEASE DEEDS EXECUTED UNDER THE TIBETAN REHABILITATION POLICY, 2014 COVERING THE SAID CAMP NO. 14; D. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, DIRECTING THE JURISDICTIONAL POLICE STATION THROUGH RESPONDENT NO.4 TO PROVIDE ASSISTANCE TO RESPONDENT NOS. 1-3 FOR EFFECTIVE EVICTION OF THE ENCROACHERS FROM THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2026:KHC:13 WP No. 35089 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner, who asserts ownership of land measuring 6 acres 18 guntas in Sy. No. 8 of Laxmipura Village, Haranahalli Hobli, Periyapatna Taluk, Mysuru District [the Subject Property] under the sale deed dated 04.09.2015, has filed this writ petition for directions to the Assistant Commissioner, Hunsur Sub-Division, Hunsur [the first respondent], to consider his representation dated 11.08.2025 [Annexure-A]. The petitioner has filed this representation with the Assistant Commissioner to take action against those who have allegedly encroached upon the subject property. Sri K Sumanth Gowda, the learned counsel for the petitioner, and Smt Saritha Kulkarni, a learned Additional Government Advocate, who accepts notice for the first to fourth respondents, are - 5 - HC-KAR NC: 2026:KHC:13 WP No. 35089 of 2025 heard for disposal of the petition on perusal of the records. The petitioner has earlier filed representations with the respondents, who, upon verification, have issued Endorsements stating that the petitioner's claim of title to the subject property and the allegation of encroachment by the fifth respondent are civil disputes and that the petitioner must work out his remedies in accordance with law. This Court does not find any reason to take exception with the Endorsements so issued or direct the respondents to take action otherwise. Hence, without prejudice to the petitioner to avail remedies that would be permissible in law, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-