N.C.Dayananda Gowda Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

N.C.Dayananda Gowda Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

NC: 2025:KHC:31701 WP No. 13471 of 2022

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 14^TH DAY OF AUGUST, 2025

BEFORE

THE HON'BLE MRS. JUSTICE ANU SIVARAMAN WRIT PETITION NO. 13471 OF 2022 (GM-POLICE)

BETWEEN:

N.C.DAYANANDA GOWDA

S/O LATE CHANDRASHEKARAPPA GOWDA AGED ABOUT 61 YEARS

R/A NEGAVADI CROSS

NELLIKOPPA(HALENELLIKOPPA) TATTUR POST AND TATTUR MANDAL PANCHAYAT ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT.

N C GURULINGAPPA GOWDA

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

S/O LATE CHANDRASHEKARAPPA GOWDA

AGED ABOUT 51 YEARS

R/A NEGAVADI CROSS

NELLIKOPPA(HALENELLIKOPPA) TATTUR POST AND TATTUR MANDAL PANCHAYAT ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT

N C SHANTAVEERAPPA GOWDA S/O LATE CHANDRASHEKARAPPA GOWDA AGED ABOUT 56 YEARS R/A NEGAVADI CROSS NELLIKOPPA(HALENELLIKOPPA)

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TATTUR POST AND TATTUR MANDAL PANCHAYAT ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT

N C NIJAGUNA GOWDA

S/O LATE CHANDRASHEKARAPPA GOWDA AGED ABOUT 54 YEARS

R/A NEGAVADI CROSS NELLIKOPPA(HALENELLIKOPPA) TATTUR POST AND TATTUR MANDAL PANCHAYAT ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT

…PETITIONERS

(BY SRI. NATARAJ DANKENNAVAR, ADVOCATE FOR

SRI. PRUTHVI WODEYAR., ADVOCATE)

AND:

STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING BANGALORE-560001

BY ITS UNDER SECRETARY

DEPUTY COMMISSIONER SHIVAMOGGA

SHIVAMOGGA DISTRICT-577201

ASSISTANT COMMISSIONER SAGAR SUB DIVISION SAGAR-577401 SHIVAMOGGA DISTRICT

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TAHASILDHAR TALUK OFFICE SORABA

SORABA TALUK-577429 SHIVAMOGGA DISTRICT

POLICE SUB INSPECTOR SORABA POLICE STATION SORABA-577429 SHIVAMOGGA DISTRICT

L NAGARAJ S/O LOCHHANAIKA AGED ABOUT 52 YEARS ASSISTANT COMMISSIONER SAGAR SUB DIVISION SAGAR-577401 SHIVAMOGGA DISTRICT

CHANDRAPPA

S/O LATE RAMAPPA AGED ABOUT 53 YEARS R/A VRUTTIKOPPA ANAVATTI HOBLI SORABA TALUK-577433 SHIVAMOGGA DISTRICT

…RESPONDENTS

(BY SMT. SWETHA KRISHNAPPA, AGA FOR R-1 TO R-5, SRI BASAVARAJ R.N. ADV. FOR R-6,

SRI MANJUNATH B. BELAGALAD, ADV. FOR R-7)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE

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IMPUGNED ORDER DTD 22.06.2022 IN NO.MAG.VVA.20/202223 PASSED BY THE R3 VIDE ANNEXURE-K

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN

ORAL JUDGMENT

This writ petition is filed challenging the order dated 22.06.2022 (Annexure-K) passed by the 3^rd respondent on the ground that 3^rd respondent has no jurisdiction to pass an order in that nature.

In Annexure-K, the petitioners have complained to the Tahsildhar seeking protection for carrying out cultivation in the land measuring 6 acres 20 guntas in Sy.No.19 situated at Nellikoppa Village, Anavatti Hobli, Soraba Taluk.

Having heard the learned counsel for the petitioners, learned Additional Government Advocate as well as the learned counsel for respondents 6 and 7, I am of the

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opinion that since the issue is now being considered by the Land Tribunal, the question of possession of the property is also to be agitated before the Tribunal.

In the above view of the matter, Annexure-K Order dated 22.06.2022 of the 3^rd respondent is set aside. However, it is made clear that the parties shall maintain status quo as on today, with regard to possession to the properties and shall approach the Tribunal, who shall pass an appropriate order in accordance with law after hearing both the sides.

Sd/- (ANU SIVARAMAN) JUDGE

NG

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