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2025 DAILYLAW 17428 (KAR)

NARAYANAPPA v. STATE OF KARNATAKA

WP/4887/2020 · 2025-01-28

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:3905 WP No. 4887 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 4887 OF 2020 (GM-RES) BETWEEN: 1. NARAYANAPPA S/O LATE DODDABACHCHAPPA @ MUNIYAPPA, AGED ABOUT 72 YEARS, R/AT HUVINAYAKANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 149. 2. KRISHNAPPA S/O LATE DODDABACHCHAPPA @ MUNIYAPPA, AGED ABOUT 64 YEARS, R/AT HUVINAYAKANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 149. …PETITIONERS (BY SRI. VIJAY SHETTY.B., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, DEVANAHALLI SUB-DIVISION, DEVANAHALLI, BENGALURU RURAL DISTRICT-562 110. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3905 WP No. 4887 of 2020 3. THE TAHSILDAR, BENGALURU NORTH TALUK, YELAHANKA, BENGALURU-560 063. 4. M.VENKATARAMAREDDY (HIS FATHER'S NAME AND AGE ARE NOT KNOWN TO THE PETITIONERS) R/AT NO.36, HENNUR ROAD, HBR LAYOUT, BENGALURU-560 043. …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.Vijay Shetty.B., counsel for the petitioners and Sri.Manjunatha Rayappa., AGA for respondents 1 to 3 have appeared in person. 2. The petitioners are said to be the owners in possession and enjoyment of their property and have 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 - NC: 2025:KHC:3905 WP No. 4887 of 2020 3. Heard the arguments and perused the Writ papers with care. 4. It is made clear that the property of the petitioners 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.: 2 Sl No.: 26