- 1 - NC: 2025:KHC:1983 WP No. 41784 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 41784 OF 2017 (GM-RES) BETWEEN: SRI. H.SHINGRISETTY S/O LATE HANUMANTHASETTY, AGED ABOUT 75 YEARS, R/A HANUMANTHA NILAYA, HALLI MYSURU MAIN ROAD, HALLI MYSURU VILLAGE, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 211. …PETITIONER (BY SRI. SRIHARI.A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS DEPARTMENT, M.S.BUILDING, BANGALORE-560 001. 2. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, K.R.CIRCLE, BANGALORE-560 001. 3. THE ASSISTANT EXECUTIVE ENGINEER, 3RD SUB-DIVISION, PUBLIC WORKS DEPARTMENT, HOLENARASIPURA, HASSAN DISTRICT-573 211. 4. KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT, PROJECT IMPLEMENTATION UNIT, 1ST FLOOR, PWD ANNEXE BUILDING Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1983 WP No. 41784 of 2017 K.R.CIRCLE, BENGALURU-560 001. REPRESENTED BY ITS THE CHIEF PROJECT OFFICER. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 3; R4-SERVED AND UNREPRESENTED) 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.Manjunatha Rayappa., AGA for respondents 1 to 3 has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ in the nature of declaration or direction restraining the respondents from demolishing or interfering with the schedule properties as the demolition drive is without any notice, enquiry or acquisition and also without following due process of law and also to declare the action of the respondents in trying to illegally demolish the structures standing over the schedule properties as violative of Article 300-A of the Constitution of India as the same is done without authority of law. - 3 - NC: 2025:KHC:1983 WP No. 41784 of 2017 3. Heard the arguments and perused the Writ papers with care. 4. A perusal of the petition averments and the reliefs sought by the petitioner depicts that it is civil in nature and the same cannot be adjudicated under Articles 226 and 227 of the Constitution of India. The law is well settled that the disputed question of fact cannot be investigated under Article 226 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 18