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2026 DAILYLAW 5361 (KAR)

SEI ADITI POWER PRIVATE LIMITED v. THE TAHSILDAR

WP/14294/2026 · 2026-04-30

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:24272 WP No. 14294 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 14294 OF 2026 (KLR-RES) BETWEEN: 1. SEI ADITI POWER PRIVATE LIMITED NO. 5, GROUND FLOOR, PRESTIGE KHODAY TOWER, RAJ BHAVAN ROAD, BENGALURU, KARNATAKA 560 001. REPRESENTED BY ITS AUTHORISED SIGNATORY, MR. ARUN CHANDRASHEKAR REGISTERED UNDER COMPANIES ACT, 2013. …PETITIONER (BY SRI C.K. NANDA KUMAR, SENIOR ADVOCATE FOR SRI RAGHURAM CADAMBI.,ADVOCATE) AND: 1. THE TAHSILDHAR PAVAGADA TALUK, TUMKUR DISTRICT, KARNATAKA 561 202. 2. ASSISTANT COMMISSIONER, MADHUGIRI DIVISION, MADHUGIRI TALUK, TUMKUR DISTRICT, KARNATAKA - 572 132. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24272 WP No. 14294 of 2026 3. DEPUTY COMMISSIONER, TUMKUR DISTRICT, KARNATAKA 572 101. 4. GOVERNMENT OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BANGALORE, KARNATAKA 560 001. REPRESENTED HEREIN BY ITS SECRETARY. …RESPONDENTS (BY SRI. SPORTHY HEGDE N. HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-DIRECT THE R3 TO CONSIDER THE APPLICATION FOR REGULARIZATION DATED 30.01.2026 (ANNX-W).TO ISSUE WRIT OR DIRECTION QUASHING THE IMPUGNED NOTICE DATED 22.04.2026 BEARING NO. NCR/CR/216/25-26 ISSUED BY THE R1 (ANNX-A) AND ANY ACTIONS TAKEN PURSUANT THERETO. THIS PETITION, COMING ON FOR ORDERS IN FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER 1. Learned High Court Government Pleader takes notice for all the respondents. - 3 - HC-KAR NC: 2026:KHC:24272 WP No. 14294 of 2026 2. Learned Senior Counsel Sri C.K. Nanda Kumar, appearing on behalf of Sri Raghuram Cadambi, appearing for petitioner submits that the petitioner is the owner of nearly 200 acres of land in various survey numbers all situated in Thimmapura village, Nagalamadike Hobli, Pavagada Taluk. The petitioner purchased the lands for the purpose of establishment of Solar Power Plant and the petitioner has commissioned the work commencing from the year 2017. Now at the instance of the some persons who are inimically disposed towards the petitioner, the Tahsildhar of Pavagada Taluk has issued impugned notice at Annexure-A dated 22.04.2026 stating that the petitioner has encroached upon the village road as found in the Village Map and therefore, action is sought to be taken by the Tahsildhar to demolish the compound wall put up by the petitioner. 3. Learned Senior counsel submits that there are provisions in the Karnataka Land Revenue Act, to seek diversion of the pathways to ensure that the access to any - 4 - HC-KAR NC: 2026:KHC:24272 WP No. 14294 of 2026 other neighboring property is not disturbed. Accordingly, the petitioner has filed an application on 30.01.2026 to the Competent Authority seeking diversion of the pathway if any in accordance with law. Therefore, till the consideration of such an application, the Tahsildhar should not be permitted to proceed to demolish the compound wall. 4. Having regard to the submissions made by learned Senior counsel, the writ petition stands disposed of while directing the Tahsildhar to hold his hands to enable the competent authority to consider the application filed by petitioner for diversion of the pathway if any, in accordance with law. 5. The petitioner is also permitted to file necessary applications or material to substantiate his claim seeking diversion of the pathway if any in accordance with law. For that purpose, the impugned notice is hereby quashed and set aside, reserving liberty to the Tahsildhar to proceed - 5 - HC-KAR NC: 2026:KHC:24272 WP No. 14294 of 2026 only in accordance with law after the application filed by the petitioner is considered by the competent authority. Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE tsn* List No.: 1 Sl No.: 31