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2025 DAILYLAW 17786 (KAR)

SHRI. PUTTASWAMY SHETTY v. THE STATE OF KARNATAKA

WP/47095/2017 · 2025-01-16

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:1770 WP No. 47095 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 47095 OF 2017 (GM-RES) BETWEEN: 1. SHRI. PUTTASWAMY SHETTY S/O. LATE NANJA SHETTY, AGED ABOUT 84 YEARS, R/AT HALLI MYSURU MAIN ROAD, HALLI MYSURU VILLAGE, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 210. 2. SMT. SULOCHANA W/O. SANNASWAMY, AGED ABOUT 55 YEARS, R/AT HALLI MYSURU MAIN ROAD, HALLI MYSURU VILLAGE, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 210. 3. SRI. H.N.MALLESH S/O. NANJAPPA, AGED ABOUT 58 YEARS, R/AT HALLI MYSURU MAIN ROAD, HALLI MYSURU VILLAGE, HOLENARASIPURA TALUK, HASSAN DISTRICT-573 210. …PETITIONERS (BY SRI. SRIHARI.A.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF PUBLIC WORKS DEPARTMENT, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1770 WP No. 47095 of 2017 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, K.R.CIRCLE, BENGALURU-560 001. REPRESENTED BY ITS THE CHIEF PROJECT OFFICER. …RESPONDENTS (BY SRI. SRINIVAS KUMAR.M., HCGP) 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.Srihari.A.V., counsel for the petitioners and Sri.Srinivas Kumar.M., HCGP for the respondents have appeared in person. - 3 - NC: 2025:KHC:1770 WP No. 47095 of 2017 2. It is said that the petitioners have their properties situated at Halli Mysuru Village, Holenarasipura Taluk, Hassan District. The details of properties are set-out as Schedule-A, B and C in the Writ Petition. The petitioners are said to be the owners in possession and enjoyment of their properties 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. Heard the arguments and perused the Writ papers with care. 4. It is made clear that the properties 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. - 4 - NC: 2025:KHC:1770 WP No. 47095 of 2017 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 42