- 1 - NC: 2025:KHC:3904 WP No. 4865 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. 4865 OF 2020 (GM-RES) BETWEEN: 1. SRI. RAJENDRA BALLAL AGED 60 YEARS, S/O LATE K.B.M.BALLAL, RESIDING AT SRI KAMADHENU, HIRIYANGADI, KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104. 2. SMT RANJANI AGED ABOUT 45 YEARS, D/O SRI SHRIDHAR KADAMBA, RESIDING AT SRI KAMADHENU, HIRIYANGADI, KASABA VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104. 3. SRI VINAYA CHNADRA JAIN AGED ABOUT 58 YEARS, S/O LATE VEERACHANDRA JAIN, RESIDING AT MONDUTTO HOUSE, KUKKUJE VILLAGE, KARKALA TALUK, UDUPI DISTRICT-574 104. …PETITIONERS (BY SMT. MADHURIMA NAG., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY CHAIRMAN, STATE LEVEL STANDING COMMITTEE, PMGSY, HEADED BY ADDITIONAL CHIEF SECRETARY AND DEVELOPMENT COMMISSIONER, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:3904 WP No. 4865 of 2020 GOVERNMENT OF KARNATAKA, VIDHAN SOUDHA, BENGALURU-560 001. 2. DEPUTY COMMISSIONER, RAJATADRI, UDUPI DISTRICT, ADMINISTRATION OFFICE, SARALABETTU, MANIPAL, KARNATAKA-576 104. 3. TAHSILDAR, KARKALA TALUK, UDUPI DISTRICT-574 102. 4. EXECUTIVE ENGINEER, YOJANA DEPARTMENT, NAMMA GRAMA NAMMA RASTHE, YOJANA SCHEME, PANCHAYAT RAJ ENGINEER SECTION, 1ST FLOOR AMBALPADI, UDUPI-576 104. 5. INSPECTOR OF POLICE KARKALA RURAL POLICE STATION, KARKALA TALUK, UDUPI-574 102. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 3 & 5; SRI. ASHOK.N.NAYAK., ADVOCATE FOR R4) 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 and 5 and Sri.Ashok N.Nayak., counsel for respondent No.4 have appeared in person. - 3 - NC: 2025:KHC:3904 WP No. 4865 of 2020 2. The captioned Writ Petition is filed seeking following reliefs: A. Issue appropriate writ or directions prohibiting Respondents and all persons/ agency/ workers/ agents through them from entering into or executing any work of construction or forming road or excavation in the schedule lands and restrain the respondents from causing any interference to the petitioners in their possession and enjoyment of the schedule lands unless and until the respondents acquire the schedule lands by initiating acquisition proceedings in accordance with the due process of law: and B. Issue appropriate direction and orders directing respondents to restore the schedule lands to its original position and pay compensation of Rs.50 Lakhs for the damage caused to the schedule lands on account of the acts of mischief and destruction committed by respondent No.4 in their attempts to form the road inside the schedule lands; and - 4 - NC: 2025:KHC:3904 WP No. 4865 of 2020 C. Direct respondent No.1 to hold appropriate enquiry and action to be taken against the officials of respondent No.4 for the lapses and the illegalities committed by respondent No.4 in entering into the schedule lands and forming roadway by destruction of the rubber plantation in the schedule lands. 3. Counsel for the respective parties urged several contentions. 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 there are disputed question of facts 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.: 2 Sl No.: 25