- 1 - NC: 2025:KHC:16927 WP No. 9087 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 9087 OF 2025 (LB-RES) BETWEEN: 1. SMT.A.PUSHPA W/O N JANARDHAN, AGED ABOUT 42 YEARS, R/AT PADUVAGERE VILLAGE AND POST, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMAKURU - 572 111. … PETITIONER (BY SRI. VASANTH KUMAR H.T., ADVOCATE FOR SMT. SUPRITHA K.H., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, M S BUILDING, BENGALURU 560 001. REPT BY ITS PRINCIPLE SECRETARY. 2. THE DISTRICT EXECUTIVE OFFICER JILLA PANCHAYATH OFFICE, TUMAKURU - 572 101 3. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYATH, KUNIGAL - 572 130 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16927 WP No. 9087 of 2025 4. THE PANCHAYATH DEVELOPMENT OFFICER PADUVAGERE VILLAGE AND POST, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMAKURU - 572 111. … RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1; SRI A. NAGARAJAPPA, ADVOCATE FOR R2 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO a) DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 10/03/2025 AND 11/03/2025 VIDE ANNEXURE-N AND P AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has sought for issuance of writ in the nature of mandamus to direct the respondents to consider the representation at Annexures-N and P. Petitioner has further sought for an order of restraint by respondent No.4 not to put up any construction abutting the petitioner's site without leaving setback. 2. It is the case of the petitioner that representations have been made by the petitioner to the respondent - Authority that on the Northern side of the - 3 - NC: 2025:KHC:16927 WP No. 9087 of 2025 petitioner's property, there is a well and water tank. It is submitted that the same have been removed and in such land, the Panchayat Authority is putting up a shed, which has put the petitioner to inconvenience. It is further submitted by the petitioner that there will be inconvenience for movement by virtue of putting up of the said shed including blocking of access. Accordingly, petitioner has requested the Panchayat Authority to give up their proposal to construct the shed. 3. Sri. A. Nagarajappa, learned counsel appearing for the respondent - Panchayath has filed statement of objections and it is submitted that the construction being put up by Panchayat in the property which belongs to the Panchayat. 4. As regards such assertion, there is no dispute by the petitioner. The only grievance of the petitioner that is raised at the time of hearing of the petition is as regards the road adjacent to the petitioner's property. As regards such grievance, Sri. A. Nagarajappa, learned counsel - 4 - NC: 2025:KHC:16927 WP No. 9087 of 2025 would draw attention to Annexure-R4(3), in which adjacent to the petitioner's property there is a road of 11 ft. Learned counsel for the petitioner submits that if such road of 11 feet is maintained, grievance of the petitioner would stand addressed. 5. It is noticed that the Panchayat in its communication at Annexure-R4(8) addressed to the petitioner has clearly stated that on the northern side of the petitioner's property, 11 feet road would be left and construction would be carried out. It is further asserted in the said communication that the petitioner himself has encroached upon the said road to the extent of 5 feet. 6. In light of the facts made out and undertaking that construction by the Authority would be after leaving 11 feet road as depicted in Annexure-R4(3), the grievance of the petitioner would stand addressed. 7. Accordingly, petition is disposed off. Needless to state that if there is any violation of the undertaking to - 5 - NC: 2025:KHC:16927 WP No. 9087 of 2025 leave 11 feet road as made out, it would be open for the petitioner to take necessary action. Affidavit to be filed by the Panchayat Development Officer to the effect that 11 feet road as assured in Annexure-R4(3) is maintained, within four weeks. Sd/- (S SUNIL DUTT YADAV) JUDGE VP