Smt Kanthamma Vs the State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO IMPUGNED NOTICE DATED 23.06.2025 IN NCR (DO) CR 67/2024-25 PASSED BY THE RESPONDENT NO.4 AND QUASHING THE IMPUGNED ORDER /COMMUNICATION DATED 15.07.2025 IN NCR (DO) CR67/2024-25 PASSED BY THE RESPONDENT NO. 4 PRODUCED AT ANNEXURE-D AND F; AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this writ petition, the petitioners have challenged the Notice dated 23.06.2025 issued by respondent No.4 and the

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3 -

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NC: 2026:KHC:30980 WP No. 21310 of 2025

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HC-KAR

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Communication dated 15.07.2024, produced at Annexures-D and F respectively.

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Heard Sri. Narendra Babu H.L., learned counsel for the petitioners and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondent-State.

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Having heard the learned counsel appearing for the parties and upon careful consideration of the material on record, it is noticed that Annexure-F indicates that a date had been fixed for conducting a survey with regard to the alleged encroachment upon public property.

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In that view of the matter, since the petitioners have challenged the notice and impugned order, (Annexure-D and F) and the survey has not yet been conducted, I am of the opinion that respondent No.4-Thasildar, with the assistance of the jurisdictional ADLR, shall conduct a survey of the subject land and take an appropriate decision in the matter if any encroachment is found in respect of the property mentioned in the notice at Annexure-F.

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4 - NC: 2026:KHC:30980 WP No. 21310 of 2025

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HC-KAR

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It is made clear that respondent No. 4, with the assistance of the jurisdictional ADLR, shall conduct the survey of the land on 16.07.2026 at 11:00 a.m. On the said date and time, the petitioners shall remain present and cooperate in the conduct of the survey.

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It is needless to observe that respondent No. 4 shall be at liberty to seek the assistance of the jurisdictional police, if necessary, for conducting the survey.

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With these observations, the writ petition stands

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disposed of .

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In view of the above directions, the pending application, if any, does not survive for consideration and stands disposed of accordingly.

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SD/(E.S.INDIRESH) JUDGE

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SB List No.: 1 Sl No.: 15

Smt Kanthamma v. the State of Karnataka

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Smt Kanthamma v. the State of Karnataka

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