H D Kumar vs the State of Karnataka

H D Kumar vs The State of Karnataka

Type Court Judgment Court Karnataka Decided Jun 17, 2026

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https://sooperkanoon.com/case/1554625

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Citation: sooperkanoon.com/1554625
Court: Karnataka High Court
Judge: E.S.Indiresh
Decided On: Jun 17, 2026
Case Number: WP/17941/2026

Parties & Advocates

Appellant / Petitioner

H D Kumar

Respondent

The State of Karnataka

Excerpt

.....alur taluk, alur hassan district - 573 213. -2-5. rajashekarappaso late rudrappa aged about 52 years …respondents (by smt. b.p. radha, aga for r1 to r4; notice to r5 dispensed with vide order dated 17.06.2026) this writ petition is filed under articles 226 and227 of the constitution of india praying to quash the impugned order no.encroachment 16/2025-26 dated 26.05.2026 passed by r4/tahsildar, alur taluk, hassan district which is produced at annexure-a and direct the tahsildar alur taluk/r4 to comply with order dated 06.03.2025 passed by the learned asst. commissioner sakaleshpura sub-division, sakalashpura /r3 in ra no.311/2024-25 which is produced at annexure-g within the time limits that may be fixed by this hon'ble court.this petition, coming on for preliminary hearing, this day, order was made therein as under: coram: hon'ble mr. justice e.s.indireshoral orderlearned additional government advocate accepts notice for respondent nos.1 to 4. notice to respondent no.5 is dispensed with.2. in this writ petition, the petitioner is assailing the notice dated 26.05.2026 (annexure-a) issued by respondent no.4- tahsildar, hassan district. -3-3. upon careful perusal of the averments set out in thenotice at annexure-a, it indicates that the petitioner has encroached upon the government gomal land. in that view of the matter and without expressing any opinion on the merits of the case, it is open for the petitioner to file reply/objections to the notice dated 26.05.2026 (annexure-a), within two weeks from the date of receipt of copy of this order and upon receipt of such a reply/objections, respondent no.4 shall consider the same and take a decision in accordance with law. it is also open to respondent no.4 to conduct a joint survey of the4. till such consideration of the reply/objections of the petitioner and the decision that may be taken up by respondent no.4, the respondents are restrained from interfering with the5. accordingly, the writ petition.....

Full Judgment

-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION No. 17941 OF 2026 (KLR-LG) BETWEEN:
1. H. D. KUMAR, S/O LATE DODDAPPA GOWDA, AGED ABOUT 62 YEARS, …PETITIONER (BY SRI M. J. ALVA., ADVOCATE) AND:
1. THE STATE OF KARNATAKA,

REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE Digitally MULTI-STORIED BUILDING signed by BENGALURU - 560 001 VINUTHA B S Location: 2. THE DEPUTY COMMISSIONER High Court of Karnataka HASSAN DISTRICT, HASSAN - 573 218

3. THE ASST. COMMISSIONER SAKALESHPUR SUB-DIVISION SAKALESHPUR, HASSAN DISTRICT - 573 134

4. THE TAHSILDAR ALUR TALUK, ALUR HASSAN DISTRICT - 573 213. -2-

5. RAJASHEKARAPPA

SO LATE RUDRAPPA AGED ABOUT 52 YEARS …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4; Notice to R5 dispensed with vide order dated 17.06.2026) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER No.ENCROACHMENT 16/2025-26 DATED 26.05.2026 PASSED BY R4/TAHSILDAR, ALUR TALUK, HASSAN DISTRICT WHICH IS PRODUCED AT ANNEXURE-A and DIRECT THE TAHSILDAR ALUR TALUK/R4 TO COMPLY WITH ORDER DATED 06.03.2025 PASSED BY THE LEARNED ASST. COMMISSIONER SAKALESHPURA SUB-DIVISION, SAKALASHPURA /R3 IN RA No.311/2024-25 WHICH IS PRODUCED AT ANNEXURE-G WITHIN THE TIME LIMITS THAT MAY BE FIXED BY THIS HON'BLE COURT.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

ORAL ORDER

Learned Additional Government Advocate accepts notice for respondent Nos.1 to 4. Notice to respondent No.5 is dispensed with.

2. In this writ petition, the petitioner is assailing the notice dated 26.05.2026 (Annexure-A) issued by respondent No.4- Tahsildar, Hassan District. -3-

3. Upon careful perusal of the averments set out in the

notice at Annexure-A, it indicates that the petitioner has encroached upon the government gomal land. In that view of the matter and without expressing any opinion on the merits of the case, it is open for the petitioner to file reply/objections to the notice dated 26.05.2026 (Annexure-A), within two weeks from the date of receipt of copy of this order and upon receipt of such a reply/objections, respondent No.4 shall consider the same and take a decision in accordance with law. It is also open to respondent No.4 to conduct a joint survey of the

4. Till such consideration of the reply/objections of the petitioner and the decision that may be taken up by respondent No.4, the respondents are restrained from interfering with the

5. Accordingly, the writ petition stands disposed of. Sd/- (E.S.INDIRESH) JUDGE MV, List No.: 1 Sl No.: 42

Same Court & Year Karnataka · 2026 Same Parties H D Kumar vs The State of Karnataka Same Judge E.S.Indiresh