- 1 - NC: 2025:KHC:84 WP No. 14364 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 14364 OF 2024 (KLR-RES) BETWEEN: SMT. SUSHEELAMMA, S/O M. VENKATESH, AGED ABOUT 51 YEARS, R/AT NO. E33, 1st MAIN ROAD, 1st CROSS, SRI. KANTAPURA, BANGALORE NORTH, NAGASANDRA, BANGALORE - 560 073. …PETITIONER (BY SRI. NAVEED AHMED, ADVOCATE) AND: 1. DISTRICT COMMISSIONER, DC OFFICE, DODDABALLAPURA TALUK, BANGALORE RURAL DT, BANGALORE - 561 203. 2. THE ASSISTANT COMMISSIONER, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT, BANGALORE - 561 203. 3. THE TAHSILDAR, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT, BANGALORE - 561 203. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:84 WP No. 14364 of 2024 4. EXECUTIVE OFFICER, TALUK PANCHAYATH, DODDABALLAPURA TALUK, BANGALORE RURAL DT., BANGALORE - 561 203. 5. PANCHAYATH DEVELOPMENT OFFICER, SHAKALADEVANPUR VILLAGE, MADURE HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DT., BANGALORE - 561 203. …RESPONDENTS (BY SRI. MANJUNATHA K, HCGP) THIS WP IS FILED UNDER ARTICES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 TO R5 TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONERS SON DATED 16.01.24, 10.01.24, 10.01.24, 10.01.24, 10.01.24 REGARDING NOT TO CLOSE THE BULL CART-ROAD THROUGH GOVERNMENT LAND IN SURVEY NO. 47 TO THE PETITIONER AGRICULTURE LAND IN SURVEY NO. 45/1 SITUATED AT SHAKALADEVANPUR VILLAGE, MADURE HOBLI, DODDABALAPUR TALUK, BANGALORE RURAL DATED VIDE ANNEXURE-A1 TO A5 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:84 WP No. 14364 of 2024 ORAL ORDER Learned HCGP accepts notice for respondents No.1 to 3. The captioned petition is filed seeking mandamus against the respondents to consider the representation submitted in regard to closure of cart road which runs through government land bearing Sy.No.47. 2. The petitioner is the owner of agricultural land bearing Sy.No.45/1 measuring 1 acre 42 guntas, situated at Shakaladevanpur Village, Madure Hobli, Doddabalapur Taluk, Bangalore Rural District. To substantiate that she is an agriculturist and owns land, RTCs are produced, which is evidenced at Annexure-B1. The petitioner is aggrieved by the high-handedness of a panchayath member who is blocking the cart road which runs through government bearing Sy.No.47. To substantiate that it is a public cart road, the petitioner has also placed on record a village map indicating that the cart road is clearly notified in the village map. - 4 - NC: 2025:KHC:84 WP No. 14364 of 2024 3. Upon careful examination of the records, this Court finds that the petitioner has established a legal right to invoke the extraordinary jurisdiction of this Court by seeking a writ of mandamus. The petitioner has demonstrated that there is a clear and unequivocal inaction on the part of respondent No.3-Tahasildar, who has failed to act upon the complaint submitted by the petitioner's son. The complaint, which is in the form of multiple representations made under Section 67 of the Karnataka Land Revenue Act, 1964, highlights specific grievances pertaining to the obstruction of a public road. Despite these representations, respondent No.3 has neglected to discharge the statutory duties mandated under the law, thereby compelling the petitioner to approach this Court for redress. It is pertinent to note that respondents No.1 to 3, being revenue authorities, bear an inherent and non-delegable responsibility to ensure the maintenance and unobstructed use of all public roads, streets, and paths falling under their jurisdiction. Any obstruction caused by private individuals must be - 5 - NC: 2025:KHC:84 WP No. 14364 of 2024 promptly addressed and removed by the jurisdictional tahasildar in a manner prescribed by law. The failure of respondent No.3 to act in this regard amounts to a dereliction of duty, warranting intervention by this Court. 4. The petitioner has further substantiated his claim by providing credible evidence that the disputed cart road is duly marked and notified in the official village map, thereby establishing its status as a public road. This evidence significantly strengthens the petitioner’s legal right to seek appropriate action. Moreover, the petitioner’s position is further fortified by the government circular dated 20.10.2023, which specifically authorizes jurisdictional tahasildars to take necessary action in cases involving public roads and paths. The circular underscores the need to invoke relevant provisions of the Indian Easements Act, 1882, and the Criminal Procedure Code (CrPC), now codified as the Bharatiya Nagarik Suraksha Sanhita (BNSS), to address such grievances effectively. The circular reaffirms the duty of revenue authorities to - 6 - NC: 2025:KHC:84 WP No. 14364 of 2024 ensure that public roads remain accessible and free from encroachments, emphasizing the tahasildar’s statutory obligation to act promptly and decisively. In light of these facts and legal provisions, the petitioner has established not only a legitimate grievance but also a clear entitlement to the relief sought. 5. Learned HCGP assures this Court that appropriate action will be taken, strictly adhering to the mandate indicated under Section 77 read with provisions of the Indian Easement Act, 1882 and BNSS Act. 6. Recording the assurance of learned HCGP and dispensing notice to respondents No.4 and 5, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondent No.2-Assistant Commissioner and respondent No.3-Tahasildar shall forthwith consider the representations - 7 - NC: 2025:KHC:84 WP No. 14364 of 2024 submitted by the petitioner as per Annexure-A1 to A5 and take appropriate action in accordance with law; iii. This exercise shall be completed within a period of six weeks from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 13 CT: BHK