M/S Mango Mist Resort Vs the Chief Secretary

M/S MANGO MIST RESORT NO.33 AND 37, HARAPANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT – 560 015 REPRSENTED BY ITS PROPRIETOR SRI VENUGOPAL REDDY R., S/O LATE R. RAMAREDDY, AGED ABOUT 68 YEARS R/A NO.18, 1^ST MAIN ROAD, DOLALRS COLONY, 4^TH STAGE, J P NAGAR, BENGALURU – 560 073

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…PETITIONER

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(BY SRI. S P RAMESHA, ADVOCATE)

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Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA

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AND:

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THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BENGALURU – 560 001

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THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA M. S. BUILDING, DR B R AMBEDKAR VEEDHI BENGALURU – 560 001

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2 - NC: 2025:KHC:34269 WP No. 25695 of 2025

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HC-KAR

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THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, KEMPEGOWDA ROAD, BENGALURU – 560 009

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THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISON KANDAYA BHAVAN KEMLPEGOWDA ROAD BENGALURU 560 009

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THE TAHSILDAR ANEKAL TALUK, ANEKAL, BENGALURU URBAN DISTRICT

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THE CHIEF OFFICER JIGANI TOWN MUNICIPAL COUNCIL JIGANI, ANEKAL TALUK, BENGALURU URBAN DISTRICT

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THE PANCHAYATH DEVELOPMENT OFFICER KALLUBALU GRAMA PANCHAYATH JIGANI HOBLI, ANEKAL TALUK – 560 105 BENGALURU URBAN DISTRICT

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…RESPONDENTS

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(BY SRI. MOHAMMED JAFFAR SHA, AGA FOR R1 TO R5)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR DIRECTION BY QUASHING THE IMPUGNED JOINT SURVEY SKETCH PREPARED BY THE TALUKA SURVEYOR VIDE ANNEXURE-AL TO THE WRIT PETITION IN RESPECT OF THE LAND BEARING SURVEY NO.33 AND SURVEY NO. 37 OF HARAPANAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK,

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NC: 2025:KHC:34269 WP No. 25695 of 2025

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HC-KAR

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BENGALURU URBAN DISTRICT, UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned Additional Government Advocate takes

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notice for respondents No.1 to 5. Notice to respondents No.6 and 7 is not necessary at this juncture.

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Learned Additional Government Advocate raises a preliminary objection that there is no cause of action to

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file this writ petition and in seeking to raise a challenge to Annexure-AL, which is a sketch said to have been prepared by the Taluka Surveyor. Learned Additional Government Advocate submits that unless notice is issued to the petitioners alleging that he has encroached upon a portion of the neighbouring property which belongs to the Government, no cause of action would arise for the petitioner.

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4 - NC: 2025:KHC:34269 WP No. 25695 of 2025

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HC-KAR

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There is substance in the submission made by

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the learned Additional Government Advocate. Material is placed before this Court along with the writ petition stating that the petitioner has already filed W.P.No.19938/2025 (LB-RES), which is a dispute between the petitioner and the Jigani Town Municipal Council and the Kallubalu Gram Panchayat in the matter of Fishing rights of the petitioner. No notice is issued by the respondent authorities and no action is taken as yet to seek eviction of the petitioner from the lands said to have been encroached upon by the petitioner.

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In that view of the matter, writ petition stands disposed of reserving liberty to the petitioner to approach this Court only after the respondent authorities issue notice or take any steps to evict the petitioner. At the same time, the 5^th respondent – Tahasildar, Anekal Taluk, is also directed to ensure that if there is an allegation against the petitioner that the petitioner has encroached upon any portion of public land, then action shall be taken

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