- 1 - NC: 2025:KHC:15583 WP No. 6611 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 6611 OF 2025 (LB-RES) BETWEEN: 1. MR CHANDRAHASA KULAL S/O DASAPPA MOOLYA AGED ABOUT 56 YEARS 2. SMT. SANDHYA. W/O CHANDRAHASA AGED ABOUT 51 YEARS BOTH ARE R/AT NO.4-86, MARKEDU MANE NITHYANANDA NAGAR BELMA VILLAGE DERLAKATTE POST ULLALA TALUK, MANGALURU, D.K. DISTRICT - 575 018 …PETITIONERS (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS. VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI, BENGALURU - 560 001 REP. BY ITS PRINCIPAL SECRETARY 2. THE ASST. EXECUTIVE ENGINEER. PUBLIC WORKS DEPARTMENT, NO.1, SUB-DIVISION, MANGALURU - 575 015 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15583 WP No. 6611 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH COMMUNICATION DATED 234.02.2025 BEARING NO. SAKAEM/LOEE/ UUVIMAMANADHIKRUTA KATTADA TEAVU/TASHA/ 2024-25 ISSUED BY THE R2 VIDE ANNEXURE-A, GRANT AN INTERIM PRAYER TO STAY THE OPERATION AND EXECUTION OF THE COMMUNICATION DATED 24/02/2025 BEARING NO. SAKAEM/LOEE/UUVIMAMANADHIKRUTA KATTADA TEAVU/TASHA/ 2024-25 ISSUED BY THE R2 VIDE ANNEXURE-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioners have sought for issuance of writ of certiorari to set aside the communication at Annexure-A. 2. It is the case of the petitioners that the notice at Annexure-A is arbitrary and illegal and has raised various contentions. 3. A memo is filed by the learned AGA along with few documents pointing out that the structure put up by the petitioner is in Government land abutting the PWD road and permission/license obtained from the concerned authorities would not take away from the possession being in Government property. It is further contended it is only - 3 - NC: 2025:KHC:15583 WP No. 6611 of 2025 the Government that can give permission to the petitioner to put up the said facility. 4. After hearing the matter for sometime, learned AGA submits that at the most, period of three months can be granted, in order to vacate and hand over vacant possession. 5. Learned counsel for the petitioners request for time of about one and half a year to vacate and hand over possession. 6. Taking note that there is a road abutting the property, it would be appropriate that petitioner be granted sometime to vacate and prolonged litigation be avoided and accordingly, in the peculiar facts of the case, petitioner's possession be protected for a period of six months and petitioner would voluntarily hand over vacant possession upon the expiry of six months. In light of the same, petition is disposed off. Petitioner to file an affidavit, undertaking to hand over - 4 - NC: 2025:KHC:15583 WP No. 6611 of 2025 vacant possession within a period of six months, which affidavit would be filed within one week. Sd/- (S SUNIL DUTT YADAV) JUDGE DH List No.: 1 Sl No.: 17