- 1 - NC: 2025:KHC:12466-DB WA No. 352 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE K. V. ARAVIND WRIT APPEAL No. 352 OF 2025 (KLR-RES) BETWEEN: 1. SRI. MANJUNATHA K., S/O KEMPAIAH, AGED ABOUT 44 YEARS, 2. KALAPPA, S/O NANJAPPA, AGED ABOUT 59 YEARS, 3. SRINIVASAREDDY M., S/O MUNISWAMY REDDY, AGED ABOUT 51 YEARS, ALL ARE RESIDING AT BHODANAHOSAHALLI VILLAGE, HOSKOTE TALUK, BANGALORE RURAL DISTRICT-560067. …APPELLANTS (BY SRI PUNEETH CHANNAIAH, ADVOCATE FOR SRI BHASKAR GOWDA N. M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-560001. Digitally signed by VALLI MARIMUTHU Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12466-DB WA No. 352 of 2025 2. THE TAHSILDAR, HOSKOTE TALUK, BANGALORE RURAL DISTRICT, PIN CODE-562114. 3. TALUK SURVEYOR, HOSKOTE TALUK, BANGALORE RURAL DISTRICT, PIN CODE-562114. 4. REVENUE INSPECTOR, ANUGONDANAHALLI HOBLI, HOSKOTE TALUK, PIN CODE-562114. 5. THE POLICE INSPECTOR, TIRUMALASHETTYHALLI POLICE, HOSKOTE TALUK, BANGALORE RURAL DIST. …RESPONDENTS (BY SRI NAVEEN CHANDRASHEKAR, AGA) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 30.10.2024 PASSED IN WP No.25650/2024 AND ALLOW THE SAID WRIT PETITION AND GRANT SUCH OTHER ORDER OR DIRECTION AS THIS HON'BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:12466-DB WA No. 352 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Puneeth Channaiah for learned advocate Mr. N. M. Bhaskar Gowda for the appellants and learned Additional Government Advocate Mr. Naveen Chandrashekar for the respondent-State and its authorities. 2. The writ appeal is directed against the order of learned Single Judge dated 30.10.2024, whereby the petition came to be dismissed by observing that there is no private interest involved for the petitioners and that the respondent-authorities are duty-bound to remove encroachments on the public road in accordance with law. 3. The prayer in the main petition as advanced by the petitioners was to consider the representation, which was in respect of lying of pathway passing by Bodanahosahalli Village, which is a cement concrete road. It was the case that the said road was for movement of public and pathway was required to be constructed by marking proper road sketch, which was not - 4 - NC: 2025:KHC:12466-DB WA No. 352 of 2025 to affect the movement of public. It was stated in the representation that the road was required to be constructed in the marking on Survey No.140 by surveying the road and construct the drainage. 4. Learned Single Judge while dismissing the appeal noted that only small portion of the road was metalled and that in respect of some portion, there were encroachments done by the third parties in respect of which the petitioners had given representation. 4.1 Learned Single Judge thereafter proceeded to observe, "3. Further formation of the road is a matter to be decided by the Executive authorities depending upon the various contingencies and under the given peculiar facts and circumstances of the case, it would not be appropriate for this Court to issue a direction to the authorities concerned to necessarily form the road. However, the respondents-authorities are duty bound to remove any encroachments on a public road ..." 4.2 Therefore, learned Single Judge has not only given liberty to the petitioners to approach civil Court. It was observed that the respondents are duty bound to remove any encroachment found on the road. - 5 - NC: 2025:KHC:12466-DB WA No. 352 of 2025 5. The prayer was to remove the encroachment. It was observed that any private interest is not disclosed in the case of the petitioners. It was further observed that the petitioners had access to their property through the road, which are seeking to be formed and that the same was encroached. Therefore, they were given liberty to approach the Civil Court by initiating appropriate proceedings. 6. No case is made out to interfere with the said order which is eminently proper and legal. 7. The appeal is meritless and it is dismissed. As observed by the learned Single Judge, the authorities shall take necessary actions to remove encroachment and obstructions from the public road, which may be found in the public road. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (K. V. ARAVIND) JUDGE VBS List No.: 1 Sl No.: 25