In a writ petition challenging an eviction order for encroachment on 'B' karab land, the court held that the case involves a disputed question of fact. It directed the petitioner to approach the Civil Court for relief regarding property rights, subsequently dismissing the petition.
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:49990 WP No. 2912 of 2023
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.2912 OF 2023 (KLR-RES)
BETWEEN:
…PETITIONER
(BY SRI SARAVANA S., ADVOCATE)
AND:
Digitally signed by H K HEMA Location: High Court of Karnataka
…RESPONDENTS
(BY SRI HARISH A.S., AGA FOR RESPONDENT NO.1 & 2; SRI MANJUNATH H.V., ADVOCATE FOR IMPLEADING APPLICANT)
NC: 2024:KHC:49990 WP No. 2912 of 2023
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF APPROPRIATE NATURE DECLARING THE ACTION OF THE RESPONDENT NO.2, PARTICULARLY IN ISSUING THE EVICTION ORDER AS PER ANNEXURE-H, VIDE NO.NCR/CR/105/2022-23, DATED 26.12.2022, BASED UPON UNILATERAL SURVEY REPORT WITHOUT FURNISHING TO PETITIONER AND WITHOUT AFFORDING ANY OPPORTUNITIES IN TERMS OF THE DIRECTION ISSUED BY HONBLE COURT IN W.P.NO.35483/2016 AND CONNECTED CASES VIDE ANNEXURE-F DATED 24.03.2017 IS ARBITRARY, ILLEGAL AND UNCONSTITUTIONAL, 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
ORAL ORDER
NC: 2024:KHC:49990 WP No. 2912 of 2023
for respondent Nos.1 and 2 submits otherwise. He
submits that the impugned order has been passed after due survey, which is disputed by the petitioner.
petition is hereby dismissed .
Sd/(M.I.ARUN) JUDGE
VMB
List No.: 1 Sl No.: 24
2 issues framed by the court
Whether the eviction order based on unilateral survey report without furnishing to the petitioner can be quashed under Article 226.
Whether the petitioner has any right to challenge the impugned order in this court or should approach the Civil Court.
Sri Narayanaswamy S/o Late Erappa
The State of Karnataka
Tahsildar & Executive Magistrate Devanahalli Taluk
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
