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2026 DAILYLAW 51615 (KAR)

SHRI. SHIVANANJAPPA v. THE STATE OF KARNATAKA

WP/37711/2025 · 2026-01-09

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:1983 WP No. 37711 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 37711 OF 2025 (KLR-RES) BETWEEN: 1. SHRI. SHIVANANJAPPA S/O LATE VEERABHADRAPPA, AGED ABOUT 78 YEARS, R/AT CHIKKAKANYA VILLAGE, DODDAKANYA POST, (THOTADA MANE), JAYAPURA HOBLI, MYSURU TALUK-571311. 2. SMT. ANNAPURNA, W/O SHIVANANJAPPA, AGED ABOUT 68 YEARS, R/AT CHIKKAKANYA VILLAGE, DODDAKANYA POST, (THOTADA MANE), JAYAPURA HOBLI, MYSURU TALUK- 571311. …PETITIONERS (BY SRI. RAMESH.R., ADVOCATE FOR SRI.V B SHIVAKUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by JAI JYOTHI J Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:1983 WP No. 37711 of 2025 REVENUE DEPARTMENT, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. 3. THE TAHSHILDAR, NANJANGUD TALUK, NANJANGUDU- 571301. 4. THE REVENUE INSPECTOR, CHIKKAIANA CHATRA HOBLI, NANJANGUDU - 571 302. 5. THE TALUK SURVEYOR, TALUK OFFICE, NANJANGUDU - 571 301. 6. SHRI. H.P. PACHCHAIAH, S/O LATE PACHCHAIAH @ PACHCHEGOWDA, AGED ABOUT 60 YEARS, R/A HALLIDIDDI VILLAGE, CHIKKAIANA CHATRA HOBLI, NANJANGUD TALUK, MYSURU DISTRICT-571302. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R1 TO R5) THIS W.P. FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO REMOVE ALL OBSTRUCTIONS AND ALLOW FREE ACCESS TO THE PETITIONERS TO THE SCHEDULE PROPERTY IN THE MOTORABLE ROAD THAT WAS IN EXISTENCE BETWEEN SY.NOS.80, 81, 82 RUNNING ALONG WESTERN SIDE OF SY.NOS.80, 81 AND 82 AND ON EASTERN SIDE OF SY NO.80 AND ON SOUTHERN SIDE OF SY.NO.82 OF YECHAGALLI VILLAGE, NANJANAGUDU TALUK, MYSURU DISTRICT, ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1983 WP No. 37711 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned AGA takes notice for Respondent Nos.1 to 5. Notice to Respondent No.6 is not necessary for the following reasons: 1. The petitioners are asking for a direction to the Respondent-Authorities to remove all obstructions and allow free access to the petitioners' property in the motorable road that was in existence in between Survey Nos.80, 81 and 82 running along western side of Survey Nos.81 and 82 and on eastern side of Survey No.80 and southern side of Survey No.82. 2. However, the learned AGA has drawn the attention of this Court to Annexure-U, an interim order passed by the learned II Additional Civil Judge and J.M.F.C., Nanjangud in O.S.No.321 of 2021 restraining the Tahsildar and the Chief Secretary, Government of Karnataka who are defendant Nos.1 and 2 from interfering - 4 - HC-KAR NC: 2026:KHC:1983 WP No. 37711 of 2025 with the suit schedule property, in any manner, whatsoever until further orders, by way of ad-interim temporary injunction. 3. That being the position, the learned AGA submits that the Authorities being restrained by an order of the Civil Court, such directions cannot be sought by the petitioners, unless the orders passed by the Civil Court is vacated. 4. There is substance in the submission made by the learned AGA. Accordingly, the writ petition stands disposed of reserving liberty to the petitioners to get the interim orders passed by the Civil Court vacated and thereafter, approach the Authorities for any relief. Sd/- (R DEVDAS) JUDGE DH List No.: 1 Sl No.: 21