- 1 - NC: 2025:KHC:9070-DB WA No. 3582 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF MARCH, 2025 PRESENT THE HON'BLE MR JUSTICE K.SOMASHEKAR AND THE HON'BLE MR JUSTICE VENKATESH NAIK T WRIT APPEAL NO. 3582 OF 2015 (LA-RES) BETWEEN: 1. SRI K G NINGAPPA, S/O LATE HANUMANTHAPPA, SINCE DEAD BY HIS LEGAL HEIRS 1(A) SRI. K.G.GANESH, S/O LATE K.G.NINGAPPA, AGED 46 YEARS, EMPLOYMENT R/O VIJAYA BANK LAYOUT, NEAR AYYAPPA TEMPLE, BANNERUGHATTA ROAD, BENGALURU. 1(B) SRI. K.G.KRISHNA, S/O LATE K.G.NINGAPPA, AGED 40 YEARS, BUSINESS, R/O OM SHANTHI NILAYA, 1ST MAIN, 1ST CROSS, A BLOCK, VIDYANAGARA, HARIHARA-577 601. 1(C) K.G.MANJULA, D/O LATE K.G.NINGAPPA, W/O PRASANNA KUMAR.A.G, AGED 36 YEARS, BUSINESS, R/O ATHIGERE VILLAGE, BADA POST-577 514, Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9070-DB WA No. 3582 of 2015 DAVANAGERE TALUK & DISTRICT. 1(D) K.G.MAMATHA, D/O LATE K.G.NINGAPPA, W/O M.T.GIRISH, AGED 34 YEARS, BUSINESS, R/O THUPPADAHALLI VILLAGE, HOLALKERE TALUK-577539, CHITRADURGA DISTRICT. 2. SRI K NAGARAJ, S/O K G NINGAPPA, AGED ABOUT 41 YEARS, OCC: MERCHANT, RESIDENT OF 60 FEET ROAD, A BLOCK, VIDYANAGAR ‘K’ DIVISION, HARIHARA CITY - 577 601, DAVANAGERE DISTRICT. …APPELLANTS (BY SRI ABHISHEK VAIDYA, ADVOCATE FOR SRI S V PRAKASH, ADVOCATE APPEARING FOR APPELLANTS) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, VIDHANA SOUDHA, MULTISTORIED BUILDING, VIDHANA VEEDHI ROAD, BENGALURU - 560 001. 2. THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (C & B), K R CIRCLE DR. B R AMBEDKAR VEEDHI, BENGALURU - 560 001. 3. THE SUPERINTENDING ENGINEER, PUBLIC WORKS DEPARTMENT, SHIVAMOGGA CIRCLE, SHIVAMOGGA - 577 201. 4. THE EXECUTIVE ENGINEER, - 3 - NC: 2025:KHC:9070-DB WA No. 3582 of 2015 PUBLIC WORKS DEPARTMENT, DAVANAGERE DIVISION, DAVANAGERE - 577 601. 5. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, DAVANAGERE DIVISION, DAVANAGERE - 577 601. 6. THE DEPUTY COMMISSIONER, DAVANAGERE DIVISION, DAVANAGERE - 577 601. 7. THE ASSISTANT COMMISSIONER, DAVANAGERE SUB-DIVISION, DAVANAGERE - 577 601. 8. THE CITY MUNICIPAL COUNCIL, HARIHARA, REPRESENTED BY ITS COMMISSIONER, HARIHARA CITY - 577 601. …RESPONDENTS (BY SRI HARISHA A S, AGA FOR R1 TO R7 – STATE (P/H) MS. DEEPANJALI, ADVOCATE FOR SRI B K MANJUNATH AND N KUMARASWAMY, ADV. APPEARING FOR R8 (P/H)) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 136-137/2015, 26297 & 26299/2015 DATED 7/9/15. THIS APPEAL COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE K.SOMASHEKAR and HON'BLE MR JUSTICE VENKATESH NAIK T - 4 - NC: 2025:KHC:9070-DB WA No. 3582 of 2015 ORAL JUDGMENT (PER: HON'BLE MR JUSTICE K.SOMASHEKAR) This appeal is directed against the order dated 07.09.2015 passed by a learned Single Judge of this Court in W.P.Nos.136-137/2015, 26297 & 26299 of 2015. 2. Learned counsel Sri Abhishek Vaidya appears before Court physically and represents the learned counsel Sri S.V.Prakash who is on record for appellants. Similarly, learned AGA for respondent Nos.1 to 7 and learned counsel Ms. Deepanjali representing the learned counsel Sri B.K.Manjunath for respondent No.8 are present before the Court physically. 3. We have heard the learned counsel for the parties and perused the order of the learned Single Judge in W.P.Nos.136-137/2015, 26297 & 26299 of 2015. 4. Factual matrix of the appeal is as under: - 5 - NC: 2025:KHC:9070-DB WA No. 3582 of 2015 Appellants are said to be the owners of the schedule property situated alongside old P.B.Road (now claimed to have been designated as Birur-Sammassgi State Highway No.76) in Davanagere City. The respondents had orally directed the appellants to demolish the portion of the building standing on the schedule property for widening of the road. Since the appellants refused to demolish, the respondents have demolished the portions of the building on the schedule property. Against the said action of the respondents, the petitioners / appellants herein had filed writ petitions before a learned Single Judge of this Court in W.P.Nos.136-137/2015, 26297 & 26299 of 2015. 5. The learned Single Judge by its order dated 07.09.2015, had observed that in the absence of relevant material constituting substantial legal evidence of facts in issue, an adjudication of such disputes is inconvenient in a writ proceeding under Article 226 of the Constitution of India. Further, it was observed that the parties are to be relegated to the Civil Court of competent jurisdiction and - 6 - NC: 2025:KHC:9070-DB WA No. 3582 of 2015 also observed that it was open for the petitioners / appellants herein to institute suits before competent court of law for necessary declaration against the respondents to initiate acquisition proceedings under the Right to Fair Compensation Act, 2013 and claim compensation for damages. Thus, the learned Single Judge had rejected the said petitions, however reserving liberty to institute such legal proceedings before a competent Court of law. 6. Keeping in view the submission made by the counsel for the appellants and so also, having gone through the impugned order passed by the learned Single Judge in the aforesaid writ petitions, we deem it appropriate to state that it does not arise for dwelling in detail into the impugned order passed by the learned Single Judge. We do not find any illegality or infirmity committed by the learned Single Judge in rejecting the writ petitions. Hence, we proceed to pass the following: - 7 - NC: 2025:KHC:9070-DB WA No. 3582 of 2015 ORDER The writ appeal stands disposed of. However, the appellants are at liberty to agitate their issues before the competent Civil Court, in accordance with law. Sd/- (K.SOMASHEKAR) JUDGE Sd/- (VENKATESH NAIK T) JUDGE KS List No.: 1 Sl No.: 28