- 1 - NC: 2025:KHC:7456 WP No. 11795 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11795 OF 2020 (LB-RES) BETWEEN: 1. MR VALERIAN D SOUZA AGED 65 YEARS, S/O J.B. D SOUZA, R/AT KALAVANA MANE, GOLTHAMAJALU VILLAGE, BANTWAL TALUK, D.K -754 222 …PETITIONER (BY SRI. PUNDIKAI ISHWARA BHAT., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF PANCHAYATH RAJ VIDHANA SOUDHA BENGALURU- 560 001 2. THE DEPUTY COMMISSIONER D.C. COMPOUND, MANGALURU- 575 001 3. THE D.K. DISTRICT ZILLA PANCHAYATH, REPRESENTED BY ITS EXECUTIVE OFFICER, NEAR TALUK OFFICE, MANGALURU- 575 001 4. THE TALUK PANCHAYATH REPRESENTED BY ITS EXECUTIVE OFFICER, BANTWAL TALUK, BANTWAL D.K. DISTRICT 574 219 Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7456 WP No. 11795 of 2020 5. THE GOLTHAMAJAL GRAMA PANCHAYATH, REPRESENTED BY PDO, GOLTHAMAJAL, KALLADKA POST, BANTWAL TALUK, D.K. 574 222 6. SRI. NITIN, MAJOR, S/O LATE ISHWARA GOWDA, R/AT KOLAKEERU GOLTHMAJAL VILLAGE, BANTWAL TALUK, D.K- 574 222 …RESPONDENTS (BY SRI. SHARANJITH SHETTY., ADVOCATE FOR R-3 & R-4; SRI. D.V.GIRISH., ADVOCATE FOR R-5; SRI.G.RAVISHANKAR SHASTRY., ADVOCATE FOR R-6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 5 TO TAKE ACTION AGAINST THE R-6 AND 7 TO REMOVE THE UN AUTHORIZED CONSTRUCTION MADE BY ISHWARA GOWDA IN SY NO.60/7 OF GOLTHANMAJALU VILLAGE, BY ENCROACHING THE ROAD LEADING TO THE PETITIONERS HOUSE FROM KALLAGUDDE TO AN EXTENT OF 3 METERS AS PER REPRESENTATION DATED.28.8.2020 AS PER ANNEXURE-M, ETC. 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 - 3 - NC: 2025:KHC:7456 WP No. 11795 of 2020 ORAL ORDER 1. The prayer in this writ petition is for a direction to be issued to respondents 2 to 5 to take action against respondent No.6 to remove the unauthorized construction made by Ishwara Gowda in Sy.No.60/7 of Golthamajalu village. 2. It is the case of the petitioner that Ishwara Gowda has encroached upon the road leading to his house from Kallagudde to an extent of 3 meters as per the representation dated 28.08.2020. 3. In my view, having regard to the prayers made in the writ petition and taking into consideration the report that has been filed, the question as to whether there is an existing road or whether there is a road existed and whether said Ishwara Gowda has encroached upon said road the questions which cannot be adjudicated in this writ petition given they are disputed questions of fact. The writ petition is therefore dismissed. - 4 - NC: 2025:KHC:7456 WP No. 11795 of 2020 4. However, liberty is reserved to the petitioner to approach the Civil Court and in the said proceedings, he would be at liberty to raise all the contentions regarding existence of road and alleged encroachment of road by respondents No.6 and seek for an appropriate relief. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 55