- 1 - NC: 2025:KHC:6453 WP No. 39272 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 39272 OF 2016 (LB-RES) BETWEEN: 1. SMT. SHANTHAMMA AGED ABOUT 59 YEARS W/O LATE PILLAPPA RESIDING AT MYLASANDRA VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK …PETITIONER (BY SRI. C.R.SUBRAMANYA., ADVOCATE FOR SRI. JAGAN MOHAN M T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA PANCHAYATH RAJ DEPARTMENT, BANGALORE DEVELOPMENT AUTHORITY, VIDHANA SOUDHA, DR.B.R.AMBEDKAR ROAD, BANGALORE-560 001 REPRESNETED BY ITS SECRETARY 2. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH KANAKAPURA ROAD BANASHANKARI, BANGALORE-560050. 3. THE EXECUTIVE OFFICER TALUK PANCHAYATH YELAHANKA BANGALORE NORTH-560064. 4. THE PANCHAYAT DEVELOPMENT OFFICER BANDIKODIGEHALLI VILLAGE PANCHAYATH, JALA HOBLI, BANGALORE NORTH TALUK-560064. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6453 WP No. 39272 of 2016 5. THE STATE OF KARNATAKA PUBLIC WORKS DEPARTMENT, M.S. BUILDING, DR. B.R. AMBEDKAR ROAD, BANGALORE -560001, REP. BY ITS SECRETARY. …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP., FOR R-1 & R-5; SRI. B.J.SOMAYAJI., ADVOCATE FOR R-2; SRI. M.S.DEVARAJU., ADVOCATE FOR R-3; SRI. M.PRADEEP., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE RESPONDENTS TO ALLOT AN ALTERNATE LAND OF 15 GUNTAS IN MAHADEVA KODIGEHALLI VILLAGE OR THE ADJACENT VILLAGE/S OR ALTERNATIVELY TO PAY COMPENSATION TO HER AT RA.10,000/- PER SQUARE FEET, IN LIEU OF 15 GUNTAS OF LAND IN SY.NO.205/1 OF MAHADEVA KODIGEHALLI VILLAGE, JALA H0BLI, BANGALORE NORTH TALUK, ILLEGALLY TAKEN AWAY AND UTILIZED BY THE RESPONDENTS FOR THE PURPOSE OF FORMATION / WIDENING OF ROAD AS PER LETTER DATED.21.3.2016 VIDE ANNEXURE-G, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:6453 WP No. 39272 of 2016 ORAL ORDER 1. The prayer in this writ petition is to issue a mandamus to direct the respondents to allot an alternate land of 15 guntas in Mahadeva Kodigehalli Village or the adjacent village or alternatively to pay compensation at the rate of Rs.10,000/- per square feet for the 15 guntas of land of the petitioner in Sy.No.205/1, which is allegedly taken away and utilized by the respondents illegally for the purposes of formation or widening of the road. 2. The respondents, however, strongly dispute that they have utilized the land of the petitioner for the formation of the road. They seek to contend that in one of the sale deeds executed by the petitioner, the Eastern portion is shown as road and the sale deeds which are produced now indicate that the plot that she had retained still exists and does not abut the road on the Eastern side or on the Western side and, - 4 - NC: 2025:KHC:6453 WP No. 39272 of 2016 therefore, her claim that it was acquired cannot be sustained. 3. In view of the fact that the question as to whether the land of the petitioner has been utilized by the respondents is factually disputed, the prayer of the petitioner that she should be either granted an alternative land or be paid competition cannot be considered in these proceedings. 4. This writ petition is therefore dismissed. However, liberty is reserved to the petitioner to approach the Civil Court to establish her claim that the land that she had retained has been utilized by the respondents. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR,List No.: 1 Sl No.: 1