IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23^RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 5214 OF 2025 (LB-RES)

BETWEEN:

SRI. N.A. VENUGOPAL SON OF LATE N.M.ANNAIAH AGED ABOUT 72 YEARS, RESIDING AT NO.18/21, 7^TH CROSS, 2^ND BLOCK, JAYANAGAR, BANGALORE-560011.

…PETITIONER (BY SRI. OM KUMAR R., ADVOCATE)

AND:

1. CHANNARAYAPATTANA GRAM PANCHAYAT REPRESENTED BY PANCHAYAT DEVELOPMENT OFFICER, CHANNARAYAPATTANA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562135.

Digitally 2. EXECUTIVE OFFICER, signed by DEVANAHALLI TALUK PANCHAYAT, SUMA Location:

DEVANAHALLI TOWN, HIGH BANGALORE RURAL DISTRICT-562110.

COURT OF KARNATAKA

3. CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, BANGALORE RURAL DISTRICT, DODDABALLAPUR, BANGALORE RURAL DISTRICT-561203.

4. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ DEPARTMENT, AMBEDKAR VEEDI, BENGALURU -560001

5. SRI. SUBRAMANI S/O CHOWDAPPA AGED ABOUT 54 YEARS, R/AT IRIGENAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.

6. SRI. HARISHA M.

S/O MANJUNATH AGED ABOUT 31 YEARS, R/AT IRIGENAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.

7. SRI. DEVARAJU H.S.

S/O NARAYANASWAMY, AGED ABOUT 32 YEARS, R/AT IRIGENAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.

8. SRI. VENU S., S/O SHANKARAPPA M.S. AGED ABOUT 30 YEARS, R/AT IRIGENAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.

RESPONDENT NOS.5 TO 8 IMPLEADED AND AMENDMENT CARRIED OUT AS PER COURT ORDER DATED 15.10.2025 …RESPONDENTS (BY SRI. M.S. DEVARAJU, ADVOCATE FOR RESPONDENT NOS.1 TO 3; SRI. H.K.KENCHE GOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.4;

SRI. K. SHIVASHANKAR, ADVOCATE FOR RESPONDENT NOS.5 TO 8)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER NO. BNG.RURAL/DEV/TP/165/CHA.VP/IRIGENAHALL/KHA.VA/1574/2024- 25 DTD. 01.02.2025 HOLDING THAT THERE IS AN ENCROACHMENT OF ABOUT 31 GUNTAS OF LAND BELONGING TO THE PANCHAYAT BY THE PETITIONER PASSED BY THE R-1 AND 2 HEREIN AS PER ANNX-B AND DIRECT THE R-1 TO 3 TO CONDUCT A PROPER ENQUIRY BY GIVING AN ADEQUATE OPPORTUNITY TO DEMONSTRATE THE TITLE OF THE PETITIONER TO LAND IN QUESTION, OR IN THE ALTERNATIVE AND DIRECT THE R-1 TO 3 TO AWAIT THE RESULT OF THE ORIGINAL SUIT IN O.S.NO.465/2025 PENDING ADJUDICATION BEFORE THE LEARNED I ADDITIONAL SENIOR CIVIL JUDGE, DEVANAHALLI BANGALORE RURAL DISTRICT AND DISPOSSESS THE PLAINTIFF FROM THE LAND IN QUESTION ONLY IN THE EVENT OF PETITIONER FAILING TO PROVE HIS TITLE AND LAWFUL POSSESSION OVER THE LAND IN QUESTION BEFORE THE CIVIL COURT.

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

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has challenged an order bearing No.¨ÉA.UÁæ.zÉÃ/PÁ.¤.C/vÁ.¥ÀA/165/ZÀ.UÁæ.¥ÀA/EgÀUÀ£ÀºÀ½î/SÁ.ªÀ/2024-25/1574 dated 01.02.2025 passed by the respondent No.2. He has also sought for a writ in the nature of mandamus to direct the respondent Nos.1 to 3 to conduct a proper enquiry by giving adequate opportunity to demonstrate his title to the property in question or in the alternative to direct the respondent Nos.1 to 3 to await the result of the suit in O.S.No.465/2025 pending adjudication before the I Additional Senior Civil Judge, Devanahalli, Bengaluru Rural District.

2. (i) The petitioner claims that he is the absolute owner in lawful possession and enjoyment of the land bearing Sy.No.37 of Irigenahalli village, Devanahalli Taluk, Bengaluru Rural District, now assessed as property No.49 measuring 14,320 sq. ft. and property No.50 measuring 19,375 sq. ft. He claims that he has been paying property tax in respect of the aforesaid two properties to the respondent No.1. The petitioner contends that respondent No.1 passed a resolution stating that he had encroached upon the property of the Panchayat. He claims that this resolution was without con