- 1 - NC: 2025:KHC:12184 WP No. 7914 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 7914 OF 2023 (KLR-RES) BETWEEN: 1. SRI.RANGASWAMY S/O SRI. GANGAIAH, AGED ABOUT 41 YEARS, R/AT MADIKE KANNASANDRA VILLAGE, KOTTHAGERE HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572127. …PETITIONER (BY SRI. SUBHAGANGADHARA.C.S., FOR SRI. Y.D.SHIVASHANKARA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RPT BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE-560001. 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR-572101. 3. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION, TUMKUR-572101. 4. THE TAHSILDAR KUNIGAL TALUK, KUNIGAL-572130. …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12184 WP No. 7914 of 2023 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED 15.02.2023 AND 17.02.2023 VIDE ANNEXURE-D AND E AND DIRECT THERM TO CONDUCT SPOT INSPECTION IN THE PRESENCE OF LAND OWNERS GIVEN PRIOR NOTICE IN RESPECT OF SY.NO.48/1 OF MADIKE KANNASANDRA VILLAGE AND THEN IDENTIFY THE MAP ROAD (NAKASHE) AND DIRECT THEM TO REMOVE ILLEGAL ROAD FORMED IN PETITIONER LAND BEARING SY.NO.48/1 MEASURING 2.00 ACRES, 0.24 GUNTAS, SITUATED AT MADIKE KANNASANDRA VILLAGE, KOTTAGERE HOBLI, KUNIGAL TALUK WITHOUT CONDUCTING PROPER SURVEY AND DIRECT THE R-4 TO TAKE ACTION AGAINST THE REVENUE INSPECTOR, KOTTHAGERE HOBLI, KUNIGAL TALUK AND TALUK SURVEYOR, KUNIGAL TALUK FOR THEIR ILLEGAL ACT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to the respondents to consider the representations filed by the petitioner dated 15.02.2023 and 17.02.2023, copies of which are produced at Annexures 'D' and 'E'. 2. A direction is also sought to be issued to the respondents to conduct a spot inspection in the presence of land owners with prior notice, identify - 3 - NC: 2025:KHC:12184 WP No. 7914 of 2023 the map road (Nakashe) and to remove illegal road formed in petitioner's land bearing Sy.No.48/1 measuring 2.00 acres 0.24 guntas, situated at Madike Kannasandra Village, Kottagere Hobli, Kunigal Taluk. 3. The copies of the annexures which are produced indicate that the petitioner is contending that a road has been formed in contravention of the village map, in the sense, that the road is not in accordance with the alignment shown in the village map, but has been done in a manner which suits the authorities. It is therefore contended that the formation of the road in the land of the petitioner was illegal and is liable to be removed. 4. In my view, since the petitioner is contending that a road has been formed contrary to the road indicated in the village map and that too without conducting a proper survey, it would be appropriate to direct respondent No.4 to consider the - 4 - NC: 2025:KHC:12184 WP No. 7914 of 2023 representations of the petitioner dated 15.02.2023 and 17.02.2023 and conduct an inquiry as to whether the road that has been formed in the land of the petitioner is in conformity with the village map and if it is not, a proper survey be conducted in the presence of the petitioner and the road may be accordingly modified. Ordered accordingly. 5. This exercise shall be undertaken and completed within a period of three months from the date of receipt of a copy of this order. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 58