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2026 DAILYLAW 8738 (KAR)

SRI RADHAKRISHNA G v. STATE OF KARNATAKA

WP/5206/2026 · 2026-03-16

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15467 WP No. 5206 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 5206 OF 2026 (LB-RES) BETWEEN: 1. SRI RADHAKRISHNA G SON OF GANGAPPA, AGED ABOUT 44 YEARS, R/AT GIDAGANAHALLI VILLAGE, MANCHENAHALLI HOBLI, GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT PIN CODE 561 211 …PETITIONER (BY SRI SHRINIVAS MANOHAR KULKARNI.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY SECRETARY TO GOVERNMENT, DEPARTMENT OF PANCHAYAT RAJ VIDHANA SOUDHA, BANGALORE 560 001 2. THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT, CHIKKABALLAPUR 562 101 3. THE TAHASILDAR, MANCHENAHALLI TALUK, CHIKKABALLAPUR DISTRICT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15467 WP No. 5206 of 2026 PIN CODE 561 211 4. THE PANCHAYAT DEVELOPMENT OFFICER, (PDO), GOWDAGERE GRAM PANCHAYATH, MANCHENAHALLI TALUK CHIKKABALLAPUR DISTRICT 562 101 …RESPONDENTS (BY SRI BOPANNA BELLIAPPA, AGA FOR R1 to 3; SRI M.S. DEVARAJU, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO-DIRECT THE TAHSILDAR, MANCHENAHALLI TALUK, (RESPONDENT NO. 2) NOT TO TAKE ANY ACTION IN RESPECT OF THE CONSTRUCTION PUT UP ON PROPERTY BEARING NO. 274/200 SITUATED AT GIDAGANAHALLI VILLAGE, MANCHENAHALLI HOBLI NOW TALUK COMING WITHIN THE GOWDAGERE GRAM PANCHAYATH LIMITS EXCEPT IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner is said to be residing in the property which is the subject matter of the writ petition for a very long time. Action is initiated by respondents to demolish the construction put up by him and to have him evicted - 3 - HC-KAR NC: 2026:KHC:15467 WP No. 5206 of 2026 from the property. Aggrieved by the same, the present writ petition is filed with the following prayers: "Wherefore, the Petitioner prays that this Hon'ble Court be pleased to allow this Writ Petition and issue: a. Writ of Mandamus or writ or order or direction of appropriate nature directing the Tahsildar, Manchenahalli Taluk (Respondent No.2) not to take any action in respect of the construction put up on property bearing No.274/200 situated at Gidaganahalli Village, Manchenahalli Hobli now Taluk coming within the Gowdagere Gram Panchayath limits except in accordance with law. b. Writ or order of direction of appropriate nature as this Hon'ble Court deems fit in the facts and circumstances of the case including the costs on such terms and conditions that this Hon'ble Court deems fit in the facts and circumstances of the case in the interest of Justice". 2. Petitioner claims ownership of the property. Reliance is placed upon Tax Register and the permission granted by the Local Panchayath to put up construction. However, petitioner is unable to provide any document of conveyance or grant order through which he has got - 4 - HC-KAR NC: 2026:KHC:15467 WP No. 5206 of 2026 ownership over the property concerned. It is further contended that even otherwise respondents are trying to evict the petitioner without following the due process of law. 3. Per contra, respondents together submit that petitioner does not have any right, title or interest over the property. However, the counsel appearing for respondents submit that if any action has to be initiated against the petitioner the same will be done in the manner known to law. They also assert that the property concerned is a government property. Hence, the following: ORDER (i) Liberty is reserved to the petitioner to approach the appropriate Civil Court to obtain necessary relief if he is of the opinion that he is the owner of the property. (ii) Respondents are directed to dispossess the petitioner only in the manner known to law and not otherwise. - 5 - HC-KAR NC: 2026:KHC:15467 WP No. 5206 of 2026 (iii) Writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE tsn* List No.: 1 Sl No.: 90