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2025 DAILYLAW 14598 (KAR)

SMT. SHAKUNTHALA v. STATE OF KARNATAKA

WP/34808/2015 · 2025-01-22

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2697 WP No. 34808 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 34808 OF 2015 (GM-RES) BETWEEN: SMT.SHAKUNTHALA W/O BASANNA.R., AGED: 48 YEARS, OCC: BUSINESS, R/O NO.926, 'GOWRISHANKAR NILAYA', 12TH CROSS, SIT BACK GATE, GANGOTHRINAGAR, TUMAKURU-572 103. …PETITIONER (BY SRI. RAJENDRA., ADVOCATE FOR SRI. S.V.PRAKASH., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINICIPAL SECRETARY TO GOVERNMENT, PUBLIC WORKS DEPARTMENT, M.S.BUILDING, BENGALURU-560 001. 2. THE CHIEF ENGINEER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, K.R.CIRCLE, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, BENGALURU CIRCLE, BENGALURU-560 001. 4. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, TUMKUR DIVISION, TUMAKURU-572 103. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2697 WP No. 34808 of 2015 5. THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAYS AUTHORITY OF INDIA, TUMAKURU-572 103. 6. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU-572 103. 7. THE ASSISTANT COMMISSIONER, TUMAKURU SUB DIVISION, TUMAKURU DISTRICT-572 103. 8. THE CITY MUNICIPAL CORPORATION, SIRA MUNICIPAL COUNCIL, SIRA, TUMAKURU DISTRICT-572 103. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 7; SRI. S.RAJU., ADVOCATE FOR R8) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Rajendra., counsel on behalf of Sri.S.V.Prakash., for the petitioner and Sri.Manjunatha Rayappa., AGA for respondents 1 to 7 have appeared in person. 2. It is said that the petitioner have his property situated at Sira Town, Tumakuru District. The details of property is set-out as schedule property in the Writ Petition. - 3 - NC: 2025:KHC:2697 WP No. 34808 of 2015 The petitioner is said to be the owner in possession and enjoyment of the property and has sought for issuance of a Writ in the nature of Mandamus directing the respondents to follow land acquisition procedure in the event of any road widening activity. 3. Heard the arguments and perused the Writ papers with care. 4. It is made clear that the property of the petitioner would not be made use of for any Civil Work relating to road widening except either by acquisition or by acquiring the property through mutual negations. Similarly, it is made clear that the State if were to resort to road widening, the same is to be resorted to strictly in accordance with due process of the law. 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 7.2