Smt. Nagaratha V vs Principal Secretary-Revenue
2026 Latest Caselaw 3486 Kant

Karnataka High Court

Smt. Nagaratha V vs Principal Secretary-Revenue on 5 May, 2026

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                        -1-
                                                   NC: 2026:KHC:24615
                                                WP No. 14664 of 2026


            HC-KAR



                 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                      DATED THIS THE 5TH DAY OF MAY, 2026

                                     BEFORE
                 THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
                   WRIT PETITION NO. 14664 OF 2026 (KLR-RES)
            BETWEEN:

            1.    SMT. NAGARATHA V
                  AGED 50 YEARS
                  W/O LATE THIMMAIAH
                  R/T NO. 764, 4TH C CROSS
                  NEAR SHANGARNAG BUS STAND
                  KAMALANAGRA, BENGALURU 560 079
                                                        ...PETITIONER
            (BY SRI. KUMARA SWAMY M C., ADVOCATE)

            AND:

            1.    PRINCIPAL SECRETARY-REVENUE
                  GOVERNMENT OF KARNATAKA
                  VIDHAN SHOWDA
                  DR. AMBEDAKAR VEEDI
Digitally
signed by         BANGLORE 560 001
NANDINI M
S
            2.    DEPUTY COMMISSIONER
Location:
HIGH              HASSAN DISTRICT
COURT OF          BM ROAD HASSAN
KARNATAKA
                  KARNATAKA 573201

            3.    TAHSILDAR
                  ALUR TALUK
                  B.M. ROAD
                  HASSAN DISTRICT
                  KARNATAKA 573111

            4.    SRI. K.B MALLESH
                  AGED 60 YEARS
                  S/O LATE BASVEGOWDA
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                                                        NC: 2026:KHC:24615
                                                  WP No. 14664 of 2026


 HC-KAR



    KARIGANAHALLI KUNDUR HOBLI
    ALUR TALUK HASSAN DISTRICT
    KARNATAKA -573111
                                         ...RESPONDENTS
(BY SMT. AZRA J BANDGE, AGA FOR R1 TO R3)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS/ ANY OTHER WRIT AND/OR ORDERS DIRECTING
RESPONDENT NO. 1 TO 3 TO TAKE IMMEDIATE STEPS TO
REMOVE UNAUTHORIZED OCCUPATION OF THE PETITIONERS
AGRICULTURAL LAND, ETC.

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

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

                               ORAL ORDER

1. This writ petition under Article 226 of the

Constitution of India is filed seeking for the following reliefs:-

"(i) Issue a writ of mandamus / any other writ and / or orders directing respondent No.1 to 3 to take immediate steps to remove unauthorized occupation of the petitioner's agricultural land and

(ii) Direct initiation of proceedings under the Karnataka Land Revenue Act for eviction of unauthorized occupant i.e., Respondent No.4 in the interest of justice.

(iii) Grant costs of the petition and

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(iv) Grant such other reliefs as this Hon'ble Cuort deemed fit in the circumstances of the case in the interest of justice & equity".

2. Heard the learned counsel for the petitioner and

learned AGA for respondent nos.1 to 3.

3. It is the case of the petitioner that she is the

absolute owner of the property bearing survey No.8/1 and 8/2

situated at Kenchanahalli Village, Kundur Hobli, Alur Taluk,

Hassan District having purchased the same under the

registered sale deed dated 24.10.2024. According to the

petitioner, respondent no.4 is in unauthorized occupation of the

said property and alleging that the respondent - authorities

have not taken any action to evict respondent no.4 from the

property in question, the petitioner is before this Court.

4. Perusal of the material on record would go to show

that, the petitioner has already filed O.S.No.348/2025 before

the jurisdictional civil Court on the same cause of action.

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During the pendency of the said suit, the present writ petition

is filed seeking for the aforesaid reliefs.

5. Learned counsel for the petitioner has failed to

point out any provision of law which casts a duty on the

respondent - authorities to evict a person, who is allegedly in

unauthorized possession of any private property. Under the

circumstances, I am of the opinion that the petitioner cannot

be granted the reliefs, which is sought in this writ petition.

6. Accordingly, the writ petition is dismissed.

Sd/-

(S VISHWAJITH SHETTY) JUDGE NMS List No.: 1 Sl No.: 31