Karnataka High Court
WP/12096/2026 of R NATCHIYAPPAN Vs THE STATE OF KARNATAKA on 22 April 2026
NC: 2026:KHC:21784 WP No. 12096 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12096 OF 2026 (KLR-RES) BETWEEN: R. NATCHIYAPPAN S/O. LATE RAMASWAMY, AGED ABOUT 65 YEARS, RESIDING AT OLD
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 12096 OF 2026 (KLR-RES)
BETWEEN:
R. NATCHIYAPPAN
S/O. LATE RAMASWAMY,
AGED ABOUT 65 YEARS,
RESIDING AT OLD NO.24, NEW NO.8,
HANUMANTHAPPA ROAD,
SONANGI LAYOUT, RAMASWAMY PALYA,
BENGALURU - 560 033.
…PETITIONER
(BY SRI. YOGANAND P., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA
THROUGH ITS PRINCIPAL SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU,
REP. BY AG, HIGH COURT BUILDING,
BENGALURU - 560 001.
2.
THE ASSISTANT COMMISSIONER,
BENGALURU NORTH SUB-DIVISION,
KANDAYA BHAVAN, BENGALURU,
REP. BY AG, HIGH COURT BUILDING,
BENGALURU - 560 001.
Digitally signed
by JUANITA
THEJESWINI
Location: HIGH
COURT OF
KARNATAKA
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3.
THE TAHSILDAR,
BENGALURU EAST TALUK,
K.R. PURAM, BENGALURU,
REP. BY AG,
HIGH COURT BUILDING,
BENGALURU - 560 001.
4.
K. LOKESHA,
S/O. LATE KARIYPPA,
AGED ABOUT 47 YEARS,
RESIDENT OF KADUSONNAPPANAHALLI VILLAGE, KANNUR POST, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU - 562 149.
…RESPONDENTS
(BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R3)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PROCEEDINGS
IN
LND/67(2)/NCR/CR/113/2025
DATED
17.02.2026 INITIATED BY RESPONDENT NO.3 AGAINST THE
PETITIONER UNDER SECTIONS 67(2) AND 104 OF THE
KARNATAKA LAND REVENUE ACT, 1964, VIDE ANNEXURE-J, AS
ILLEGAL, WITHOUT JURISDICTION AND ARBITRARY AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE R DEVDAS
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ORAL ORDER
Learned High Court Government Pleader is directed to take notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reasons.
2. The petitioner is aggrieved of the impugned notice at Annexure-J issued by the respondent No.2 - Assistant Commissioner, Bengaluru North Sub-Division in proceedings bearing number LND/67(2)/NCR/CR/113/2025.
3. Learned HCGP raises a preliminary objection that the notice is issued by the Assistant Commissioner alleging encroachment of Kaluve/Korakalu in Sy.Nos.59/1, 59/4, 59/5, 108/2 and 109 and proceedings are initiated under Section 67(2) of the Karnataka Land Revenue Act, 1964. Therefore, it is the duty of the petitioner to give a
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reply to the notice and submit all the relevant information before the Assistant Commissioner so that the Assistant Commissioner can proceed in accordance with law.
4. Having regard to the submissions made by the learned HCGP, the writ petition stands disposed of granting 15 days time to the petitioner to give a reply to the impugned notice along with all the requisite information. The Assistant Commissioner shall consider the reply that would be given by the petitioner and if required, conduct a joint survey in the presence of the petitioner and thereafter proceed only in accordance with law.
5. Needless to observe that until a final decision is taken by the Assistant Commissioner, no precipitative action shall be taken against the petitioner regarding possession of his property in Sy.No.108/2 measuring 36 guntas.
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Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today.
Sd/- (R DEVDAS) JUDGE
GPG List No.: 1 Sl No.: 9