Sri M V Venkatareddy v. The State of Karnataka

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 10775 OF 2025 (KLR-RES)

BETWEEN:

SRI M.V. VENKATAREDDY S/O. T. YARRAPPA, AGED ABOUT 46 YEARS, RESIDENT OF DIGAVA MINDIGAL VILLAGE, CHINTAMANI TALUK, MINDIGAL POST, CHIKKABALLAPUR-563125. …PETITIONER (BY SRI. PRAKASH M., ADVOCATE FOR SRI. NAIK N.R., ADVOCATE)

AND:

¶1THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE-560001.

¶2THE DEPUTY COMMISSIONER, CHIKKABALLAPUR DISTRICT-562101.

¶3THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB DIVISION, CHIKKABALLAPUR-562101.

¶4THE ASSISTANT DIRECTOR OF LAND RECORDS CHINTAMANI TALUK CHIKKABALLAPUR DISTRICT-562101.

Location: HIGH COURT OF KARNATAKA

¶5THE TAHSILDAR, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-562101.

¶6THE REVENUE INSPECTOR, MUNGANAHALLI HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT-562101. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R6; SRI PRASANNA D.P. FOR IMPLEADING APPLICANT IN I.A.1/2025)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE NOTICE ISSUED BY THE R6 IN NO.R.I.(K) P.R.2024-2025 DATED 28.03.2025 AND STOP ALL FURTHER ACTION IN PURSUANCE OF THE SAID NOTICE, WHICH IS PRODUCED AT ANNEXURE-E AND ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER The petitioner is aggrieved of the impugned notice at Annexure-E dated

28.03.2025 issued by the 6th respondent-Revenue Inspector, Munganahalli Hobli.

¶2Learned Counsel for the petitioner submits that the 6th respondent is not the competent authority to have issued the impugned notice to clear an encroachment said

to have been made on a Kaludari (pathway). Learned Counsel would further submit that the respondents cannot dispute the fact that the petitioner is the owner of 2 Acres 27 Guntas in Sy.No.207 of Mindigal Village, Munganahalli Hobli, Chinthamani Taluk, since the petitioner has purchased the land in question under a registered sale deed dated 27.02.2009.

¶3Learned Additional Government Advocate however submits that the petitioner participated in the survey that was conducted pursuant to the notices issued earlier and he has in fact signed the mahazar where it is clearly shown that the petitioner has encroached upon the Kaludari as found in the village map. Nevertheless, the petitioner filed this writ petition and obtained an interim order of stay, pursuant to which the encroachment on the Kaludari could not be cleared. Learned Additional Government Advocate submits that the encroachment on the pathway has caused inconvenience to the residents of the village.

¶4Having heard the learned Counsel for the petitioner, the learned Additional Government Advocate, the learned Counsel for the contesting respondents and the learned Counsel for the proposed respondent in impleading application for local villager and on perusing the petition papers, this Court is of the considered opinion that the impugned notice dated 28.03.2025 at Annexure-E should be treated as a Show Cause Notice to the petitioner. The petitioner shall give a written reply along with necessary documents to the 5th respondent-Tahsildar, Chinthamani Taluk and the Tahsildar shall consider the reply that could be given by the petitioner, afford an opportunity of hearing to the petitioner and conduct a joint survey in the presence of the petitioner and thereafter pass necessary orders in accordance with law.

¶5For that purpose, the joint survey shall be conducted by the Tahsildar on 16.03.2026 at 11.00 a.m. in the presence of the petitioner. The petitioner is required to be present at the spot at the given date and time.

¶6With these observations, the writ petition stands disposed of.

¶7In view of disposal of the main petition, interlocutory application filed for impleading the proposed respondent does not survive for consideration and is accordingly disposed of.

Ordered accordingly.

Sd/- (R DEVDAS) JUDGE

DL