[Cites 2, Cited by 0]
Karnataka High Court
Sri Datta S/O Rama Jadhav vs The State Of Karnataka on 13 March, 2026
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NC: 2026:KHC-D:4045
WP No. 102427 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
DATED THIS THE 13TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE ASHOK S. KINAGI
WRIT PETITION NO.102427 OF 2026 (GM-RES)
BETWEEN:
SRI. DATTA S/O. RAMA JADHAV,
AGE. 52 YEARS, OCC. BUSINESS,
R/O. DUBBANA SHASHI VILLAGE,
BHAVIKODLA, KUMTA TALUK,
UTTARA KANNADA DISTRICT KARNATAKA-581319.
...PETITIONER
(BY SRI. HAREESHA S.NAYAK, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
REVENUE DEPARTMENT,
Digitally signed by M.S. BUILDING, BENGALURU-560001.
VIJAYALAKSHMI
M KANKUPPI
2. THE ASSISTANT COMMISSIONER,
Location: HIGH
COURT OF KUMTA, TQ KUMTA,
KARNATAKA DIST. UTTAR KANNAD-581343.
3. THE TAHASILDAR KUMTA,
TQ. KUMTA, DIST. UTTAR KANNAD-581343.
4. THE PRESIDENT,
NADUMASKERI GRAM PANCHAYAT,
KUMTA TALUK UTTARA KANNADA-581319.
5. THE ASSISTANT DIRECTOR OF LAND RECORDS,
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WP No. 102427 of 2026
HC-KAR
KUMTA TALUK, UTTARA KANNADA DISTRICT-581343.
...RESPONDENTS
(BY SRI. T. HANAMAREDDY, ADDL. GOVT. ADV. FOR R1-R3 &R5;
SRI. S.V. YAJI, ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO 1. ISSUE
WRIT IN THE NATURE OF CERTIORARI QUASHING THE
IMPUGNED ORDER BEARING NO. LND/VIVA/146/2024-25/E
78437 DATED 07-03-2026 PASSED BY THE 3RD RESPONDENT
/TAHASHILDAR AGAINST THE PETITIONER DIRECTING REMOVAL
OF ALLEGED ENCROACHMENT MEASURING 0-01-04 OF
GOVERNMENT SHORELINE LAND IN BHAVIKODLA VILLAGE
WITHIN THE JURISDICTION OF NADUMASKERI GRAM
PANCHAYAT, KUMTA TALUK AS PER ANNEXURE A IN THE ENDS
OF JUSTICE AND EQUITY. 2. ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS NOT TO DISPOSSESS THE
PETITIONER EXCEPT IN ACCORDANCE WITH LAW. 3. PASS ANY
SUCH OTHER SUITABLE ORDER/S AS THIS HON'BLE COURT
DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES
OF THE CASE, IN THE ENDS OF JUSTICE AND EQUITY.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2026:KHC-D:4045
WP No. 102427 of 2026
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE ASHOK S. KINAGI)
The learned counsel for the petitioner filed affidavit
undertaking dated 13.03.2026 of petitioner, which reads as
under:
"Herein 1, Sri Datta S/o Rama Jadhav Age: 52
years, Occ; Business R/o Dubbana Shashi Village,
Bhavikodla, Kumta Taluk, Uttara Kannada District
Karnataka 581319 today at dharwad,do hereby state on
solemn affirmation as under:
1. I am the petitioner in the above writ petition and I
am well acquainted with the facts and circumstances of
the case and competent to swear to this affidavit.
2. I submit that, similarly placed persons have filed writ
Petition Nos. 102242/2026 & 102243/2026/2026. In the
said writ petitions this Hon'ble Court by its Order dated
11.03.2026 was pleased to grant liberty to the
petitioners therein to file an affidavit undertaking to
vacate the premises in question within six months from
the date of the order.
3. I submit that, I am also having same grievances. In
compliance with the directions of this Hon'ble Court, I
hereby undertake that I shall peacefully vacate and
hand over possession of the premises in question to the
concerned authorities within a period of six (6) months
from this day i.e. 13.03.2026.
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HC-KAR
5. I also undertake that in case 1 fail to vacate the
premises within the stipulated period, the respondents /
authorities are at liberty to take appropriate action in
accordance with law.
6. This undertaking affidavit is filed before this Hon'ble
Court in compliance with the order passed in the above
writ petition.
Wherefore, I respectfully pray that this Hon'ble
Court may be pleased to take this undertaking affidavit
on record in the interest of justice."
2. In view of the undertaking given by the
petitioner, the writ petition is disposed of directing the
respondents not to dispossess the petitioner for a period of
six months from today.
3. It is made clear that, if the petitioner fails to
demolish the building, and handover the possession to the
respondent-authorities, the respondent-authorities are at
liberty to take appropriate action against the petitioner, in
accordance with law.
4. The Tahasildar is physically present before this
court, and he undertakes to open the locks within two days.
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His undertaking is placed on record. The Tahasildar is
directed to open the locks forthwith.
5. The petitioner is at liberty to make an application
for supply of electricity to the HESCOM.
6. Pending applications, if any, shall stand disposed
off.
Sd/-
(ASHOK S. KINAGI)
JUDGE
AC
CT: UMD
List No.: 2 Sl No.: 2
