Sri Sunil Kumar K v. the State of Karnataka

Karnataka HC12 Feb 2025WP/26179/2023

Case brief

AI extract

What is this about?

Karnataka HC Division Bench PIL, WP No.26179 of 2023 (GM-RES-PIL), decided 12-02-2025; encroachment removal on Government land Sy. No.317, Arasikere village (24A-05G); prayers for mandamus, demolition of illegal structures and religious symbols; respondents' memo of compliance with mahazar and photographs; petition disposed recording AGA's statement; Article 226; no cases cited; no monetary relief.

What did the court decide?

No further orders passed; the writ petition was disposed of on recording the Additional Government Advocate's statement that the encroachment on the public property had been removed and would not be permitted again. ¶¶44

Sri Sunil Kumar K Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

¶1

¶2

NC: 2025:KHC:6531-DB WP No. 26179 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2025

¶4

PRESENT

¶5

THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE

¶6

AND

¶7

THE HON'BLE MR JUSTICE M.I.ARUN

¶8

WRIT PETITION NO.26179 OF 2023 (GM-RES-PIL)

¶9

BETWEEN:

¶10

SRI SUNIL KUMAR K. AGED ABOUT 34 YEARS S/O KATRAJ HASSAN ROAD RIGHT SIDE VI CROSS, ARSIKERE TOWN ARSIKERE - 573 103 OCCUPATION: ADVOCATE.

¶11

…PETITIONER

¶12

Digitally signed by H K HEMA Location: High Court of Karnataka

¶13

(BY SRI B. MADHUSUDHAN ADIGA, ADVOCATE)

¶14

AND:

¶15

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, V FLOOR BANGALORE-560 001 BY ITS PRINCIPAL SECRETARY.

¶16

URBAN DEVELOPMENT DEPARTMENT ROOM NO.436, VIKASA SOUDHA BANGALORE - 560 001 BY ITS PRINCIPAL SECRETARY.

¶17

2 - NC: 2025:KHC:6531-DB WP No. 26179 of 2023

¶18

DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR AND 10TH FLOOR VISHVESHWARIAH TOWER DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001 REP BY ITS DIRECTOR

¶19

THE DEPUTY COMMISSIONER HASSAN DISTRICT D.C. OFFICE, B.M. ROAD RANGOLI HALLA, HASSAN - 573 201.

¶20

THE COMMISSIONER ARSIKERE CITY MUNICIPAL CORPORATION BENGALURU HIGH WAY ROAD ARSIKERE - 573 103.

¶21

ASSISTANT DIRECTOR OF LAND RECORDS TALUK OFFICE, ARASIKERE - 573 103.

¶22

…RESPONDENTS

¶23

(BY SMT. NILOUFER AKBAR, AGA FOR R.1 TO 4 & 6; MS. ARATHI B., ADVOCATE FOR SMT. VIDYA S., ADVOCATE FOR R.5; SRI VENKATESH SOMAREDDY, ADVOCATE FOR IMPLEADING APPLICANT IN I.A.1/2024.)

¶24

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OF LIKE NATURE, ORDER OR DIRECTION, DIRECTING THE RESPONDENTS TO FORTHWITH CLEAR ALL THE ENCROACHMENTS MADE IN SURVEY No.317 OF ARASIKERE VILLAGE, KASABA HOBLI, ARASIKERE TALUK MEASURING 24A-05G AND ALSO AS DEPICTED IN THE PHOTOGRAPHS VIDE ANNEXURE-B., ETC.

¶25

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶26

3 - NC: 2025:KHC:6531-DB WP No. 26179 of 2023

¶27

CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA

¶28

and

¶29

HON'BLE MR JUSTICE M.I.ARUN

¶30

ORAL JUDGMENT

¶31

(PER: HON'BLE MR. JUSTICE M.I.ARUN)

¶32

This is a public interest petition filed by the petitioner with the

¶33

following prayers:

¶34

"Wherefore the Petitioner prays that this Hon'ble Court be pleased issue a writ in the nature of mandamus or any other Writ of like nature, order or direction, directing the:

¶35

a. Respondents to forthwith clear all the encroachments made in Sy No.317 of Arasikere village, Kasaba Hobli, Arasikere Taluk measuring 24A-05G and also as depicted in the photographs vide Annexure B;

¶36

b. Demolish all the illegal structures, religious symbols put up on the above said land;

¶37

c. pass an order/s granting such other relief/s as this Hon'ble court deems fit and necessary under the circumstances of the case in the interest of justice."

¶38

The case of the petitioner is that Survey No.317 of Arasikere

¶39

village is a Government land and illegal construction belonging to a particular religion has been put up over the same and in spite of

¶40

4 - NC: 2025:KHC:6531-DB WP No. 26179 of 2023

¶41

several representations, the authorities concerned have not initiated any action to have the same removed. Hence, the writ petition is filed with the aforementioned prayers.

¶42

The respondents have filed a memo of compliance and through the learned Additional Government Advocate state that the encroachment on the public property has been removed. They further stated that the authorities will not permit any illegal encroachment on the same and will put to use the public property for the purpose it is meant to be. They have also produced a copy of the mahazar as well as the photographs showing the removal of the said encroachment and the religious symbols erected illegally on the public property.

¶43

In the light of the necessary action being initiated by the respondents-authorities, we are of the opinion that no further orders are required in the instant writ petition.

¶44