Mr. K Nandakumar Vs State of Karnataka

MR. K NANDAKUMAR AGED ABOUT 70 YEARS S/O LATE KONDAIAH GOWDA R/AT NO. 2995, TALKAVERI APARTMENT 13^TH CROSS, ADHI PAMPA ROAD V.V. MOHALLA, MYSORE CITY REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA

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MR. MUTHURAJ S/O CHIKKATHIMME GOWDA AGED MAJOR R/AT KOLLEGAL TOWN SOUTHERN EXTENSION, CHAMARAJANAGAR REP. BY GPA HOLDER MR T RAGHAVENDRA GOWDA.

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Digitally signed by DHANALAKSHMI MURTHY Location: HIGH COURTOF KARNATAKA

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MR. THIMMAIAH

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S/O LATE YERIYAPPA AGED MAJOR R/AT KATTEDODDI VILLAGE MANDYA TALUK AND MANDYA DISTRICT, KARNATAKA REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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SMT. THIMMAMMA

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W/O DASAPPA AGED MAJOR R/AT ALALIKERE VILLAGE, MANDYA TOWN MANDYA DISTRICT, KARNATAKA

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HC-KAR

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REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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SMT. JAYALAKSHMI D/O LATE GURUVAMMA AGED MAJOR REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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SMT. BHAGYAMMA D/O GURUVAMMA AGED MAJOR R/ AT KEB ROAD, SULIBELE BENGALURU RURAL- 562129 REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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SMT. MANGALA D/O LATE GURUVAMMA AGED MAJOR R/AT KERGODU HOBALI MANDYA TALUK, MUDDAMGERE HALAKERE, KRISHNARAJPET MANDYA- 571450 REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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SMT. INDRA D/O LATE GURUVAMMA AGED MAJOR R/AT 5^TH CROSS, UDAYAGIRI MANDYA-571401 REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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SMT GEETHA GOPI D/O LATE GURUVAMMA AGED MAJOR R/AT HUSKAUR BENGALURU KARNATAKA- 560099

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HC-KAR

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REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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SMT. SAROJA Y A D/O LATE GURUVAMMA AGED MAJOR R/AT MASIDI BIDI KOTE CHANNAPATNA TOWN NEAR POLICE QUARTERS RAMANAGARA-562160 REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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MR. KESHAVA S/O LAKSHMINARAYANA AGED MAJOR R/AT KOLLEGAL TOWN SOUTHERN EXTENSION CHAMRAJANAGAR DISTRICT, KARNATAKA REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA

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GOWDA CREEK VINEYARD PRIVATE LIMITED A COMPANY WITHIN THE MEANING OF COMPANIES ACT, 2013 HAVING ITS REGISTERED OFFICE AT NO. 33/1, SAPTHAGIRI ARCADE SECOND FLOOR 8^TH CROSS H.SIDDAIAH ROAD, WILSON GARDEN BENGALURU -560027 REP. BY ITS DIRECTOR MR. T. RAGHAVENDRA GOWDA.

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MR. T. RAGHAVENDRA GOWDA AGED ABOUT 45 YEARS S/O M. THIMMEGOWDA R/AT NO.65 VANI VILAS ROAD BASAVANAGUDI, BANGALORE-560004.

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HC-KAR

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SMT. JAYALAKSHMMAMMA W/O K. SAMPATH KUMAR AGED MAJOR R/AT KOLLEGALA TOWN SOUTHERN EXTENSION CHAMARAJANAGAR DISTRICT, KARNATAKA REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA.

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MR. SAMPATH KUMAR S/O CHIKKAKONDAIAH AGED MAJOR R/AT KOLLEGALA TOWN SOUTHERN EXTENSION CHAMARAJANAGAR DISTRICT, KARNATAKA REP. BY GPA HOLDER MR. T. RAGHAVENDRA GOWDA

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…PETITIONERS

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(BY SRI. MANU PRABHAKAR KULKARNI., ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY THE REVENUE DEPARTMENT 3^RD GATE, 5^TH FLOOR, MS BUILDING DR. AMBEDKAR VEEDI, BANGALORE-560001

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REP. BY THE PRINCIPAL SECRETARY.

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DEPUTY COMMISSIONER MYSURU DISTRICT

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OFFICE OF DEPUTY COMMISSIONER GIRIBOVIYA PALYA, SIDDARTHA NAGAR MYSURU, KARNATAKA – 570011.

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ASSISTANT COMMISSIONER OFFICE OF ASSISTANT COMMISSIONER OFFICE AT OFFICE OF DEPUTY COMMISSIONER MYSURU, KARNATAKA – 570011.

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TAHSILDAR

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T. NARASIPURA TALUK TALUK OFFICE BYRAPURA

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HC-KAR

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T.NARSIPURA TOWN NARASIPURA KARNATAKA-571124.

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ASSISTANT DIRECTOR OF LAND RECORDS T. NARASIPURA, TALUK OFFICE BYRAPURA, T.NARSIPURA TOWN NARASIPURA, KARNATAKA-571124.

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MR. SUNIL BOSE AGED MAJOR S/O SHRI H C MAHADEVAPPA R/AT SIDDHARTHA NAGAR CHAMARAJAPURAM MOHALLA LAKSHMIPURAM, MYSURU 570004 ALSO AT HOUSE NO. 1757, 7^TH MAIN ROAD VIJAYNAGAR, 2^ND STREET MYSURU-570017.

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SURVEYOR MADAWADI VILLAGE T.NARSIPURA TALUK, MYSURU.

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…RESPONDENTS

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(BY SMT. B P RADHA, AGA FOR R1 TO R5 & R7)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT AS THIS HON’BLE COURT MAY DEEM FIT SETTING ASIDE THE OFFICIAL MEMORANDUM DATED 25.05.2025 BEARING REFERENCE NO. MYSDC-LND1/ENCR/1/2025-E-847969 ISSUED BY THE RESPONDENT NO.2 (ANNEXURE-A) 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 are assailing the

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Official Memorandum dated 25.05.2025 (Annexure-A) and

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HC-KAR

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the notice issued by respondent No.7 (Annexure-B), inter alia, sought for a direction to the respondents to conduct a survey of the land bearing Survey No.93 of Madawadi Village, Talakadu Hobli, T. Narasipura Taluk, Mysore District, and Survey No.746 of Holesalu Village, Talakadu Hobli, T. Narasipura Taluk, Mysore District.

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Heard the learned counsel appearing for the parties.

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It is argued by Sri Manu Prabhakar Kulkarni, learned counsel appearing for the petitioners, that respondent No.2 has no jurisdiction to issue the Official Memorandum dated 25.05.2025 (Annexure-A) and has to constitute a Committee to look into the aspects pertaining to the alleged encroachment said to have been made by one Sri Raghavendra Gowda. Learned counsel further submitted that the petitioners herein are ready to co-operate for the survey of the land in question in terms of the notice at Annexure-B, wherein Serial No.2 pertains to the petitioner

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HC-KAR

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No.1 herein. Accordingly, learned counsel sought for interference by this Court.

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Per contra, the learned AGA sought to justify the impugned Official Memorandum and notice and further submitted that there is no impediment for conducting a joint survey in respect of the land in question belonging to the petitioners.

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In the light of the submissions made by the learned counsel for the parties, and on careful consideration of the Official Memorandum dated 25.05.2025, I am of the view that the said order has been passed by respondent No.2 without any source of power under the Karnataka Land Revenue Act, 1964.

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It is also to be noted that no provision has been mentioned in the impugned Official Memorandum at Annexure-A under which the Committee has been constituted to look into the affairs of one Sri Raghavendra Gowda. In this regard, I am of the view that the Official

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HC-KAR

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Memorandum dated 25.05.2025 (Annexure-A) requires to be set aside. However, insofar as the notice issued at Annexure-B is concerned, Serial No.2 is pertaining to the petitioner No.1 herein. In that view of the matter, in order to put an end to the dispute between the parties insofar as the boundaries are concerned, the respondent Nos.4 and 5 herein are directed to conduct a joint survey in the presence of the petitioners on 22.07.2026 at 11:00 a.m. in respect of the schedule properties mentioned in the writ petition.

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It is also made clear that the said joint survey has to be conducted in the presence of the petitioners, and thereafter, a decision shall be taken in the matter in accordance with law.

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It is to be noted that all further proceedings pursuant to the Official Memorandum dated 25.05.2025 in respect of the subject land are hereby quashed.

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HC-KAR

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It is also to be noted that, till the completion of the joint survey, by the respondent Nos.4 and 5, the respondent authorities shall not interfere with the possession of the schedule properties belonging to the petitioners.

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The joint survey report prepared by respondent Nos.4 and 5 shall be placed before the competent authority, and thereafter, a decision shall be taken by the competent authority based on the said joint survey report.

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Accordingly, the writ petition is disposed of.

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All pending applications, if any, do not survive for consideration and hence, the same are also accordingly, disposed of.

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Sd/(E.S.INDIRESH) JUDGE

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HA

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List No.: 1 Sl No.: 26

Mr. K Nandakumar v. State of Karnataka

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Mr. K Nandakumar v. State of Karnataka

Case brief

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