Kolar Encroachment Case: Karnataka HC Rejects Accused’s Challenge to Property Check, Orders Inquiry Into Officials’ Repeated Delays

The respondent’s complaint alleged that the petitioner had encroached on municipal property measuring 52 feet × 42 feet, despite claiming only 10 feet × 15 feet in Khata No. 164/1, and had relied on fabricated or altered documents.

The Special Court took cognizance of alleged offences under Sections 4 and 5 of the Karnataka Land Grabbing Prohibition Act and repeatedly sought a report from the municipal authorities on whether encroachment had occurred, its extent, and the persons responsible.

A report filed on 21 March 2025 was rejected as inadequate; on 29 August 2025, the Special Court again directed the Commissioner, City Municipal Council, Kolar, to provide the relevant particulars and a survey sketch.

The petitioner challenged that direction under Section 482 CrPC, corresponding to Section 528 BNSS.

The petition invoked Section 482 of the Code of Criminal Procedure, 1973, and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, concerning the High Court’s inherent powers.

The alleged offences arose under Sections 4 and 5 of the Karnataka Land Grabbing Prohibition Act.

The Court applied the principle that a direction seeking an objective factual report does not itself determine the accused’s guilt or establish encroachment; the report must be considered by the trial court in accordance with law and the parties must have an opportunity to address it.

No precedent was cited.

The challenged order made no finding that the petitioner had encroached on municipal land; it sought information needed to determine whether encroachment existed and, if so, its extent and the responsible persons.

Since the petitioner maintained that his claim was limited to 10 feet × 15 feet, a proper measurement and verification of municipal and revenue records could clarify the factual dispute, and he could contest the resulting report before the Special Court.

The Court found no basis to interfere with the reporting direction.

It separately considered the repeated non-compliance by municipal and police authorities a serious concern warranting inquiry and possible accountability.

The Director of Municipal Administration was directed to inquire into the municipal authorities’ non-compliance and ensure that a comprehensive report was filed before the Special Court within three weeks of receiving the High Court’s order.

The Director General and Inspector General of Police was directed to examine the police officers’ non-compliance and take appropriate action if dereliction was found.

The Commissioner, City Municipal Council, Kolar, was directed to appear personally before the Special Court on 7 December 2026 and ensure compliance.

The Special Court was to proceed independently and in accordance with law.