SMT. SUSHMA. P. SUVARNA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:59538
WP No. 14160 of 2025
CNR: KAHC010234642025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 14160 OF 2025 (GM-RES)
BETWEEN:
1. SMT. SUSHMA. P. SUVARNA
W/O. PRABHAKARA SUVARNA,
AGED ABOUT 46 YEARS,
RESIDING AT MULIBAILU HOUSE,
BARIMARU VILLAGE, KAGEKANA POST,
BANTWAL TALUK,
D.K. DISTRICT PIN-574253
…PETITIONER
(BY SRI. RAVISHANKAR SHASTRY G.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
TO DEPARTMENT OF REVENUE
M.S. BUILDING, DR. B.R. AMBEDKAR ROAD,
BENGALURU PIN-560001
2. THASILDAR BANTWAL AND
TALUK EXECUTIVE MAGISTRATE
BANTWAL, TALUK OFFICE
B MUDA VILLAGE, JODUMARGA,
POSTAND B.C ROAD, BANTWAL TALUK
D.K. DISTRICT PIN-574219
3. REVENUE INSPECTOR
PANEMAGALORE HOBLI,
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HC-KAR
NC: 2026:KHC:59538
WP No. 14160 of 2025
CNR: KAHC010234642025
BANTWAL TALUK,
D.K. DISTRICT PIN-574219
4. MOHANDAS SUVARNA
S/O. JARAPPA BANGERA,
MAJOR R/AT MULIBAILU HOUSE,
BARIMARU VILLAGE, KAGEKANA
POST BANTWAL TALUK,
D.K. DISTRICT 574253
…RESPONDENTS
(BY SRI. RAHUL CARIAPPA K S, AGA FOR R1, R2 & R3
SRI. P KARUNAKAR, ADVOCATE FOR R4 V/O DTD 18.11.2025)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD 10.02.2025 IN NO. L.N.D.C.R.03/2020-21-E-472759
PASSED BY THE THASILDAR BANTWAL AND TALUK EXECUTIVE
MAGISTRATE BANTWAL ORIGINAL COPY OF WHICH IS
PRODUCED AT ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER
The present writ petition is filed seeking for the following
reliefs:
"(i) Writ of certiorari quashing the order dated 10-02-
2025 in No. L.N.D. C. R: 03/2020-21-E-472759 passed
by the Thasildar Bantwal and Taluk Executive Magistrate
Bantwal original copy of which is produced at Annexure -
A.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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HC-KAR
NC: 2026:KHC:59538
WP No. 14160 of 2025
CNR: KAHC010234642025
(ii) Any other writs or directions to meet the ends of
justice."
2. The petitioner is aggrieved by the order dated
10.02.2025 (Annexure A to the writ petition) passed by the
second respondent – Tahsildar, whereunder the Tahsildar has
directed removal of the gate in the property in question on the
ground that the property in question was a public road.
3. It is the case of the petitioner that the Tahsildar
had passed an order dated 23.06.2020, which was assailed by
the petitioner in an appeal (No. CDS/R.A.S.R:36/2020), which
was filed under Section 49 of the Karnataka Land Revenue Act,
1
1964 . The Assistant Commissioner vide order dated
13.06.2024 (Annexure-D to the writ petition) directed that the
order of the Tahsildar be treated as a show cause notice.
Thereafter, the Tahsildar issued a notice dated 23.09.2024
(Annexure- B to the writ petition) and the petitioner filed
objections/reply to the same on 14.10.2024 (Annexure-C to the
writ petition). It is the case of the petitioner that consequent to
filing of the reply, the impugned order dated 10.02.2025 is
1
Hereinafter referred to as 'Land Revenue Act'
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 14160 of 2025
CNR: KAHC010234642025
passed without notifying the petitioner and without conducting
any enquiry.
4. It is the vehement contention of the learned AGA
that the Tahsildar has passed the impugned order since the
road in question was a public road.
5. Learned counsel for the petitioner submits that the
Tahsildar has initiated the proceedings at the instigation of the
respondent No.4, who is a family member and that litigation
between the parties is pending in OS No.30/2019 on the file of
the Civil Judge (Senior Division) and JMFC, Buntwal.
6. Although, it is forthcoming from the impugned order
dated 10.02.2025 that the Tahsildar has held that the road is
being used by the public for the last 40 years, it is pertinent to
note that in the event the concerned authorities were to record
a finding that the road in question was a public road,
appropriate enquiry has to be initiated under the provisions of
the Land Revenue Act by giving adequate opportunity to the
parties who claim interest in the property in question.
7. In the present case, it is clear that there are
litigations pending between the petitioner and respondent No.4.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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HC-KAR
NC: 2026:KHC:59538
WP No. 14160 of 2025
CNR: KAHC010234642025
Further, in the event, the second respondent - Tahsildar was to
initiate an enquiry, the same has to be done in accordance with
law. In this context, it is pertinent to note that under Section
67 of the Land Revenue Act, the concerned authorities are
entitled to initiate action for securing any public road, streets,
paths, etc. Sub-section (2) of Section 67 clearly stipulates that
notice in that regard is to be issued by the Deputy
Commissioner or Survey Officer not lower in rank than a
Deputy Commissioner , after formal enquiry is conducted.
8. It is clear from a bare perusal of the impugned
order dated 10.02.2025 that the same does not refer to any
specific statutory stipulation, on the basis of which the second
respondent – Tahsildar has initiated any proceedings or
conducted any enquiry. The Tahsildar has merely recorded a
finding that the provisions of the Indian Easements Act, 1882
have been violated. Ex faice , the said finding is erroneous and
liable to be set aside.
9. Having regard to the aforementioned, the relief
sought for in the present writ petition merits consideration.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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HC-KAR
NC: 2026:KHC:59538
WP No. 14160 of 2025
CNR: KAHC010234642025
10. At this stage, the learned counsel for the petitioner
submitted that consequent to the order dated 10.02.2025 the
second respondent – Tahsildar on 20.02.2025 along with the
other revenue officials and the henchmen of respondent No.4
has forcibly removed the gate that was situated in the property
in question and there was also an altercation, by which the
petitioner sustained injuries and was admitted in hospital.
11. The veracity or otherwise of the said allegations
made by the petitioner are not required to be adjudicated in the
present petition. Suffice to state that in the event, any action
has been done pursuant to the impugned order dated
10.02.2025, the same would also not be sustainable in law.
12. Hence the following:
ORDER
i. The writ petition is partly allowed;
ii. The impugned order dated 10.02.2025 passed in
case No.L.N.D.C.R:03/2021-21-E-472759 by respondent
No.2 - Tahsildar (Annexure-A to the writ petition) is set
aside;
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
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WP No. 14160 of 2025
CNR: KAHC010234642025
iii. It shall be open to respondent Nos.1 to 3 to pass
appropriate orders in accordance with law after notifying
the petitioner;
iv. All rights and contentions of the parties in regard
are kept open.
13. Pending IAs., if any, stand disposed of.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
ND
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