The High Court dismissed a writ petition challenging an internal communication regarding an encroachment survey. The court held the petition premature as no right was violated and the petitioner was not entitled to protection if encroachment was found.
None granted; writ petition deemed premature and dismissed.
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 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 31100 OF 2024 (KLR-RES)
BETWEEN:
…PETITIONER
(BY SRI. SHANKARANARAYANA BHAT N., ADVOCATE)
AND:
Digitally signed by H K HEMA Location: High Court of Karnataka
…RESPONDENTS
(BY SRI.HARISH A.S., AGA FOR R1 & R2; NOTICE TO R3 IS DISPENSED WITH)
NC: 2024:KHC:47486 WP No. 31100 of 2024
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS PERTAINING TO THE PROCEEDINGS OF THE THASHILDAR, BENGALURU EAST TALUK, KRISHNARAJAPURA, BENGALURU IN NO.NCR(B) CR/28/20-21 DATED 12.09.2024 AT ANNEXURE-F AND ISSUE WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION AS THE CASE MAY BE NOT TO TAKE ANY STEPS OR ACTION TO DISPOSSESS THE PETITIONER FROM THE LAND IN SY.NO.31 OF THIRUMENAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK MEASURING 2 ACRES OF LAND WHEREIN PETITIONER HAS BEEN EXERCISING HIS HAKKUDARI RIGHTS ON THE BASIS OF THE SANNAD GIVEN AS PER ANNEXURE-A DATED 09.08.1960. FURTHER THE 2ND RESPONDENT BE DIRECT TO COMPLY THE ORDERS PASS BY THE SPECIAL DEPUTY COMMISIONER, BANGALORE DISTRICT IN LND(A) 7/2004-05 VIDE ORDER DATED 27.07.2005 PRODUCED IN ANNEXURE 'C' IN THE ABOVE WRIT PETITION AND TO GRANT THE PETITIONER SUCH OTHER FUTHER RELIEFS AS DEEMED FIT IN THE FACTS AND CIRCUMSTANCES AND ALLOW THIS WRIT PETITION WITH COSTS AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
"It is prayed that this Hon'ble court be pleased to call for relevant records pertaining to the proceedings of the Thashildar, Bengaluru East
NC: 2024:KHC:47486 WP No. 31100 of 2024
Taluk, Krishnarajapura, Bengaluru in No.NCR(B) CR/28/20-21 dated 12.09.2024 at Annexure-F and issue Writ Of Mandamus or any other appropriate Writ, Order or Direction as the case may be not to take any steps or action to dispossess the Petitioner from the land in Sy.No.31 of Thirumenahalli Village, Bidarahalli Hobli, Bengaluru East Taluk measuring 2 Acres of land wherein petitioner has been exercising his hakkudari rights on the basis of the Sannad given as per Annexure-A dated 09.08.1960. Further the 2nd Respondent be direct to comply the orders pass by the Special Deputy Commissioner, Bangalore District in LND(A) 7/2004-05 vide order dated 27.07.2005 produced in Annexure 'C' in the above Writ Petition and to grant the Petitioner such other further reliefs as deemed fit in the facts and circumstances and allow this writ petition with costs."
party, then due notices will be given to them, they will be heard and only upon verification of the relevant documents, any order will be passed and if there is any encroachment by any person including the petitioner, action will be initiated to remove the said encroachments. He further denies that the letter dated 12.09.2024 (Annexure-F to the writ petition) is issued with an ulterior motive of harassing the petitioner.
NC: 2024:KHC:47486 WP No. 31100 of 2024
hereby dismissed .
Sd/(M.I.ARUN) JUDGE
PGG
2 issues framed by the court
Whether the writ petition filed against internal communications and potential encroachment proceedings is maintainable.
Whether the petitioner is entitled to protection from this Court before any encroachment proceedings have actually commenced against him.
2 provisions across 1 enactments
Sri. N.Rajanna
The Deputy Commissioner, Bengaluru Urban District
The Thashildar, Bengaluru East Taluk
Mandur Grama Panchayath
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
