- 1 - NC: 2025:KHC:16192 WP No. 9669 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9669 OF 2025 (LB-RES) BETWEEN: MR. MOHAMMED AZMATHULLA KHAN S/O. LATE A. MAHBOOB KHAN , AGED ABOUT 40 YEARS, R/AT 7TH CROSS, OPP. USMAN TEXTILE, PH COLONY, TUMKUR. …PETITIONER (BY SRI. THAMMAIAH H.N., ADVOCATE FOR SRI. ZUBAIR AHMED KHAN A., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT NO 434, VIKASA SOUDA, BENGALURU - 560 001. REPRESENTED BY SECRETARY TO GOVERNMENT 2. THE COMMISSIONER TUMKURU CITY CORPORATION, TOWN HALL, BHAGWAN MAHAVEER ROAD, GANDHI NAGAR, TUMKURU - 572 102. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16192 WP No. 9669 of 2025 3. THE REVENUE OFFICER TUMKURU MAHANAGARA PALIKE, TOWN HALL, BHAGWAN MAHAVEER ROAD, GANDHI NAGAR, TUMKURU - 572 102. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 SMT. SAKSHI KRISHNA, ADVOCATE FOR R2 AND R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT, THE RESPONDENT NO. 2, THE COMMISSIONER, TUMKURU CITY CORPORATION HAS NO RIGHT TO DEAL WITH THE PROPERTY BEARING MUNICIPAL KHATA NO. OLD NO.37512/4005 NEW KHATA 1432/595 AND KHATA NO. 4009/4068/985, SITUATED AT 7TH CROSS, OPPOSITE, USAN TEXTILE, PH COLONY, TUMKUR, MEASURING 40 FEET X 40 FEET BELONGING TO THE PETITIONER I.E. SCHEDULE PROPERTY AND THE ALLEGED ACQUISITION PROCEEDING TO BE INITIATED BY THE RESPONDENT NO. 2 IS UNAUTHORIZED, ILLEGAL AND SAME CANNOT BE SUSTAINABLE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2025:KHC:16192 WP No. 9669 of 2025 ORAL ORDER It is a case of the petitioner that the respondent - Authorities are seeking to make use of the petitioner's property without acquisition which is unauthorized and illegal. It is further submitted that even if there is any encroachment by the petitioner of public property, the respondent - Authorities are to inquire into the same after issuance of notice to the petitioner. 2. Learned counsel for the petitioner further submits that in an identical factual matrix raising similar contentions in W.P.No.1477/2024, Court has disposed of the writ petition with certain directions and the present matter may also be disposed of on same terms. 3. Learned counsel Ms. Sakshi Krishna appearing for the respondent - Corporation submits that the matter may be disposed of in terms of the direction in W.P.No.1477/2024. - 4 - NC: 2025:KHC:16192 WP No. 9669 of 2025 4. The observations made in W.P.No.1477/2024 at Paras 3 and 4 reads as follows. "3. Perused the order passed in W.P.No.27205/2023 and the relevant observations in the said order are as hereunder: 3. The apprehension on part of the petitioner on receipt of a caveat filed by respondents No.2 and 3 is that the petitioner may be forcefully evicted or dispossessed from the property that the petitioner claims to be in possession of bearing PID No.38384, Ward No.9, Mahanagara Palike Khata No.1585/751, situated at P.H.Colony, Tumkuru District. 4. The submission of counsel for the petitioner is that the petitioner has not received any notice nor any proceedings have been initiated against the petitioner, hence, caveat petition has been filed only to dispossess the petitioner, so that the petitioner does not get any relief in time. 5. Ms.Sakshi Krishna, learned counsel, upon instructions, submits that only measurement of the road has taken place for the purpose of widening of the road and that necessary steps would be taken for acquisition of the land where required in terms of the applicable law - 5 - NC: 2025:KHC:16192 WP No. 9669 of 2025 and if there is any encroachment, necessary notices would be issued to the encroachers and action taken in accordance with applicable law. Her statement is placed on record. 6. Submission made by Ms. Sakshi Krishna, learned counsel answers the grievance of the petitioner. As such, I pass the following: ORDER i. The writ petition is partly allowed. ii. The respondents are restrained from taking any steps for dispossession or otherwise of the petitioner without following the due procedure of law. 4. Accordingly, in the present matter also, petition is disposed off on same terms. The respondent - Authority if intends to utilize the petitioner's property for widening of road, necessary steps to be taken for acquisition of the land as per the existing law. In the event there is any encroachment, necessary notice which is followed by an enquiry to be made to determine the encroachment as per law. Subsequent to such enquiry, respondent can take further action." - 6 - NC: 2025:KHC:16192 WP No. 9669 of 2025 5. Accordingly, in the present matter also, petition is disposed of on same terms. Respondent - Authorities when it intends to utilize the petitioner's property for widening of road, necessary steps to be taken for acquisition of the property as per existing law. In the event, if there is any encroachment by the petitioner of public property, necessary notice followed by an enquiry to determine the encroachment as per procedure prescribed under law. Subsequent to such enquiry, it is open for the respondent if so advised to take further action. In terms of the above, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 2