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2025 DAILYLAW 18185 (KAR)

P.S. MANJUNATH v. STATE OF KARNATAKA

WP/47757/2017 · 2025-01-20

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2220 WP No. 47757 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 47757 OF 2017 (GM-RES) BETWEEN: 1. P.S.MANJUNATH S/O PARSAPPA, OCCUPATION: AGRICULTURIST AND BUSINESSMAN, KUBATUR VILLAGE, ANAVATTI HOBLI-577 413, SORABA TALUK, SHIVAMOGGA DISTRICT. 2. M.G.SUNANDA W/O M.G.MYLARA SETTY, OCCUPATION: HOMEMAKER, R/O GANDHI BAZAAR, ANAVATTI-577 413, SORABA TALUK, SHIVAMOGGA DISTRICT. 3. ASHOKA S/O VENKAPPA SHIVAMOGGI, AGED ABOUT 53 YEARS, R/O THILUVALLI-581 104, HANAGAL TALUK, HAVERI DISTRICT. 4. SEETHAMMA W/O SEETHARAMAPPA, AGED ABOUT 80 YEARS, R/O GANDHI BAZAAR, ANAVATTI-577 413, SORABA TALUK, SHIVAMOGGA DISTRICT. Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2220 WP No. 47757 of 2017 5. GOPAL SHETTY.K S/O RAMAKRISHNA SHETTY, AGED ABOUT 55 YEARS, BUSINESSMAN, R/O GANDHI BAZAAR, ANAVATTI-577 413, SORABA TALUK, SHIVAMOGA DISTRICT. 6. RESHMA KHANUM W/O K.N.ABDUL WAHAB, AGED ABOUT 35 YEARS, HOMEMAKER, R/O SHANTHINAGAR, MARKET ROAD, ANAVATTI-577 413, SORABA TALUK, SHIVAMOGGA DISTRICT. …PETITIONERS (BY SRI. RAJENDRA., ADVOCATE FOR SRI. S.V.PRAKASH., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, M.S.BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577 201. 3. THE ASSISTANT COMMISSIONER, SAGAR SUB DIVISION, SAGAR, SHIVAMOGGA DISTRICT-577 201. 4. THE TAHASILDHAR, SORABA TALUK, SORABA, SHIVAMOGGA DISTRICT-577 201. - 3 - NC: 2025:KHC:2220 WP No. 47757 of 2017 5. THE CHIEF ENGINEER, NATIONAL HIGHWAYS, K.R.CIRCLE, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 6. THE SUPERINTENDING ENGINEER, NATIONAL HIGHWAYS, K.R.CIRCLE, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 7. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, SHIVAMOGGA DIVISION, SHIVAMOGGA-577 201. 8. THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, SHIVAMOGGA SUB DIVISION, SHIVAMOGGA-577 201. 9. THE CHIEF ENGINEER, KARNATAKA STATE HIGHWAYS, IMPROVEMENT PROJECT (KSHIP), K.R.CIRCLE, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 10. ANAVATTI GRAMAPANCHAYATH ANAVATTI, SORABA TALUK, SHIVAMOGGA DISTRICT-577 413, REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 8; R9 & 10-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. - 4 - NC: 2025:KHC:2220 WP No. 47757 of 2017 THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Rajendra., counsel on behalf of Sri.S.V.Prakash., for the petitioners and Sri.Manjunatha Rayappa., AGA for respondents 1 to 8 have appeared in person. 2. 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. - 5 - NC: 2025:KHC:2220 WP No. 47757 of 2017 5. Resultantly, the Writ Petition is disposed of. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 16