Petitioner sought eviction of encroachers on his land via representation to revenue authorities. The High Court held that disputed questions of fact made it a civil matter and dismissed the writ petition, leaving him free to approach the civil court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:21195 WP No. 19436 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19436 OF 2023 (KLR-RR/SUR)
BETWEEN:
M.A. PONNANNA S/O M.B. AIYANNA, AGED ABOUT 43 YEARS, R/AT K.BADAGA VILLAGE, VIRAJPET TALUK, KUTTA POST, KUTTA, KODAGU - 571 250.
…PETITIONER
(BY SRI. DHANANJAY KUMAR., ADVOCATE)
AND:
Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DTD 21.07.2018 VIDE ANNEXURE-A AND DIRECT THE R2 TO IMPLEMENT AND TAKE ACTION PURSUANT TO THE NOTICE DTD 01.07.2021 ISSUED BY THE R2 VIDE NO.TVT/NCR/64/20-21 VIDE ANNEXURE-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate accepts notice for the respondents.
parties.
regard to consideration the representation dated 21.07.2018 (Annexure-A).
application, it is stated that, one A. Somanna and P.
Thimmaiah have encroached the land belonging to the petitioner. Accordingly, the petitioner sought for eviction of the encroachment made in respect of the land in question. The matter is of the civil nature as the disputed question of facts are involved in this writ petition, the remedy available to the petitioner is to approach the civil court for redressal of his grievance. In that view of the matter, no further orders are required to be made in this writ petition. However, it is open for the petitioner to approach the competent authority/court for redressal of his grievance. Accordingly, the writ petition is dismissed .
SD/JUDGE
SB
List No.: 1 Sl No.: 21
1 issue framed by the court
Whether the writ court should direct consideration of the petitioner's representation seeking eviction of alleged encroachers on his land.
2 provisions across 1 enactments
M.A. Ponnanna
State of Karnataka, Department of Revenue
The Tahasildar, Ponnampet Taluk
E.S. Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
