Karnataka High Court
WP/21960/2021 of JAYAPRAKASH SHETTY Vs MAHESH SHETTY THIMARODY on 25 April 2026
NC: 2026:KHC:22929-DB WP No. 21960 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 21960 OF 2021 (KLGP) BETWEEN: JAYAPRAKASH SHETTY S/O. LATE. MUDDU
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF APRIL, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT PETITION NO. 21960 OF 2021 (KLGP)
BETWEEN:
JAYAPRAKASH SHETTY
S/O. LATE. MUDDU SHETTY
R/AT BADEKOTTU HOUSE
UJIRE VILLAGE AND POST
BELTHANGADY TALUK
DK DISTRICT 574 214.
…PETITIONER
(BY SRI NISHAL S REDDY, ADV., FOR
SRI KETHAN KUMAR, ADV.)
AND:
1.
MAHESH SHETTY THIMARODY
S/O SRI VITTAL SHETTY
AGED ABOUT 50 YEARS.
2.
3.
SMT. SAROJA
W/O MAHESH SHETTY THIMARODY
AGED ABOUT 44 YEARS.
BOTH ARE RESIDING AT
THIMARODI HOUSE
UJIRE VILLAGE AND POST
BELTHANGADY TALUK
D.K. DISTRICT - 574 214.
TAHASILDAR
BELTHANGADY TALUK
BELTHANAGADY - 574 714.
(RESPONDENTS NO.3 IMPLEEDED
VIDE COURT ORDER DATED 11.04.2023)
…RESPONDENTS
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
(BY SRI AKSHAY S, ADV., FOR
SRI SRINIVASA D.C, ADV., FOR R-1 TO R-2; SRI ARUN G.S, HCGP FOR R-3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD
07.10.2020 PASSED IN L.G.C.(P) NO.265/2020(CH-I) BY THE
KARNATAKA LAND GRABBING PROHIBITION COURT (CH-I) VIDE
ANNX-A, AND REMAND THE MATTER FOR FRESH CONSIDERATION
ON MERITS BY PROVIDING THE OPPORTUNITY TO THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL ORDER
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present writ petition has been filed by the petitioner, who was complainant before the Karnataka Land Grabbing Prohibition Special Court in LGC (P) No.265/2020 (CH-1).
2. The petitioner in the complaint alleged that respondent Nos.1 and 2, who are residents of Thimarodi House, Ujire Village, Belthangady Taluk have encroached Panchayat Road Situated in Survey No.554/1C1 of Ujire Village. Belthangady Taluk. The Tahsildar, Belthangady Taulk
HC-KAR
after conducting enquiry and spot inspection passed an order dated 15.12.2018 directing the respondent No.1 to remove the fencing and encroachment over the public road.
3. It appears this Court in W.P.No.24692/2019 vide order dated 18.07.2019 had directed the Tahsildar to see that the encroachment was removed. The complainant/petitioner did not appear when the matter was called out on 07.10.2020 and taking note of the order passed by Tahsildar and this Court directing for removal of encroachment, the complaint came to be dismissed as nothing was surviving to be adjudicated.
4. The learned counsel for the petitioner submits that in pursuance to the direction issued by this Court, the encroachment was removed. However, respondent Nos.1 and 2 have again encroached the Public Road in Survey No.554/1C1 of Ujire Village, Belthangadi Taluk.
HC-KAR
5. If this is the case, the petitioner may approach the appropriate authority for removal of encroachment on the public road, if any, caused by the respondents by encroaching upon the public land.
6. If the petitioner approaches the competent authority for removal of alleged encroachment/nuisance on public road by the respondents, the concerned authority is directed to consider and take appropriate action.
7. With the aforesaid direction and observation, the present writ petition stands disposed of. Sd/- (D K SINGH) JUDGE
Sd/- (T.M.NADAF) JUDGE
NG CT: SN / LIST No.: 2 Sl No.4