The Court dismissed the writ petition challenging an eviction notice and khulla order alleging illegal encroachment on government land. The Court held that the lis involved disputed questions of fact which cannot be decided in writ jurisdiction, reserving liberty for the petitioner 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 2591 OF 2023 (KLR-RES)
BETWEEN:
OFFICE AT NO E-27, DEFENCE COLONY, NEW DELHI-1100 024.
REP BY ITS AUTHORIZED PERSON (DIRECTOR) SRI SHRI PAL UPADHYAY. (REG. UNDER SOCIETIES ACT, 1860)
…PETITIONER
(BY SRI. MURALI N., ADVOCATE)
AND:
Digitally signed by H K HEMA Location: High Court of Karnataka
NC: 2024:KHC:49901 WP No. 2591 of 2023
…RESPONDENTS
(BY SMT.B.P.RADHA, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE EVICTION NOTICE DATED 28.12.2022 ISSUED BY THE RESPONDENT TAHSILDAR BEARING NO.NCR(KU)C/R/266/2022-23 VIDE ANNEXURE-A AND THE KHULLA ORDER DATED 17.01.2023 BEARING NO.NCR(KU)C/R/266/2022-23 VIDE ANNEXURE-B AND ETC.
THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
NC: 2024:KHC:49901 WP No. 2591 of 2023
ORAL ORDER
in Beerasandra village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District and it has put up certain construction. On the ground that a portion of the construction is put up on B-karab Government land by illegally encroaching upon the same, proceedings have been initiated against the petitioner and the order at Annexure-B dated 17.01.2023 came to be passed by respondent No.5-Tahsildar. The petitioner contending that he has not made any such encroachment and the building has been strictly put up upon his property, has filed the instant writ petition.
NC: 2024:KHC:49901 WP No. 2591 of 2023
if there is any encroachment of Government land or B- karab land or any pathway or cart road, then in that event, the authorities concerned are at liberty to have the same removed.
appropriate Civil Court to redress his grievances.
Sd/(M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 23
1 issue framed by the court
Whether the High Court can decide a disputed question of fact regarding alleged encroachment on government land?
1 provisions across 1 enactments
RITNAND BALVED EDUCATION FOUNDATION
THE STATE OF KARNATAKA
THE DEPUTY COMMISSIONER, DEVANAHALLI TALUK
THE ASSISTANT COMMISSIONER, DEVANAHALLI TALUK
THE ASSISTANT DIRECTOR OF LAND RECORD
THE TAHSILDAR
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
