Sri. Mohammed Ishaq vs State Of Karnataka
2026 Latest Caselaw 3501 Kant

Karnataka High Court

Sri. Mohammed Ishaq vs State Of Karnataka on 5 May, 2026

                                                 -1-
                                                             NC: 2026:KHC-K:3827
                                                         WP No. 201870 of 2026


                    HC-KAR



                                 IN THE HIGH COURT OF KARNATAKA

                                        KALABURAGI BENCH

                               DATED THIS THE 5TH DAY OF MAY, 2026

                                                BEFORE
                               THE HON'BLE MR. JUSTICE E.S.INDIRESH

                             WRIT PETITION NO.201870 OF 2026 (LB-RES)

                   BETWEEN:

                        SRI. MOHAMMED ISHAQ
                        S/O MOHAMMED MASHAQ,
                        AGED ABOUT 41 YEARS,
                        OCC: AGRICULTURE AND BUSINESS,
                        R/O 11-1041/34/J8/8, QADEER CHOWK,
                        MSK MILL, KALABURAGI.

                                                                    ...PETITIONER

                   (BY SRI. GANESH SUBHASHCHANDRA KALBURGI, ADVOCATE)

                   AND:

                   1.   STATE OF KARNATAKA,
                        REPRESENTED BY ITS PRINCIPAL SECRETARY,
                        ROOM NO.320, 3RD FLOOR,
Digitally signed
by VARSHA N             VIDHANASOUDHA, BENGALURU-560 001.
RASALKAR
Location: HIGH
COURT OF
KARNATAKA          2.   DEPUTY COMMISSIONER,
                        KALABURAGI - 585 102.

                   3.   ASSISTANT COMMISSIONER,
                        KALABURAGI - 585 102.

                   4.   THE THASILDAR KALABURAGI.
                        KALABURAGI - 585 102.

                                                                  ...RESPONDENTS
                   (BY SRI. VEERANAGOUDA M.BIRADAR, AGA)
                              -2-
                                         NC: 2026:KHC-K:3827
                                     WP No. 201870 of 2026


HC-KAR



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE APPROPARITE
WRIT MORE SO IN THE NATURE OF CERTIORARI AND MANDAMUS
AND GRANT FOLLOWING RELIEFS:
      I)   QUASH THE NOTICE DATED 19.01.2026 ISSUED BY
RESPONDENT NO.4 IN FILE NO.KM/BHOOMI/159/2024-25, THE COPY
OF WHICH IS AT ANNEXURE-A.
      II)  DIRECT THE RESPONDENTS HEREIN NOT TO UTILIZE
THE PROPERTY OF THE PETITIONER I.E., MUNICIPAL NO.11-
1041/34/J8/8 OF PETITIONER SITUATED AT QADEER CHOWK MSK
MILL, KALABURAGI, WITHOUT FOLLOWING DUE PROCESS OF LAW.
      III) ISSUE DIRECTION TO THE RESPONDENT NO.4 TO
CONSIDER THE REPLY DATED 20.01.2026 AND 02.05.2026, THE
COPY OF WHICH IS AT ANNEXURE-B & D, RESPECTIVELY AND ETC.

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

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

                        ORAL ORDER

In this writ petition, petitioner is assailing the notice

dated 19.01.2026 (Annexure-A) issued by respondent

No.4 interalia, sought for direction to the respondents not

to utilize the property belonging to the petitioner without

following the due process of law.

2. Having taken note of the submission made by

the learned counsel appearing for the petitioner and also

the impugned order at Annexure-A, wherein, respondent

No.4 has stated that the petitioner herein has encroached

NC: 2026:KHC-K:3827

HC-KAR

the land belonging to the respondent authorities and

further as the petitioner herein has filed the reply dated

20.01.2026 (Annexure-B), I am of the view that, the same

has to be considered by respondent No.4 in accordance

with law.

3. It is also open for the petitioner herein to make

one more comprehensive reply to the impugned notice at

Annexure-A within two weeks from the date of receipt of

copy of this order. Thereafter, respondent No.4 shall

consider the same and take decision in the matter in

accordance with law. In the meanwhile, the respondents

cannot take any precipitative action against the petitioner

till the consideration of the reply that may be made by the

petitioner.

4. With this observation, the writ petition is

disposed of.

Sd/-

(E.S.INDIRESH) JUDGE

LG/List No.: 1 Sl No.: 1