- 1 - NC: 2025:KHC:4089 WP No. 27547 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 27547 OF 2016 (LB-RES) BETWEEN: 1. K.Y. SHIVANNA S/O. LATE K.G. YEDIYURAPPA, AGED ABOUT 80 YEARS, OCCUPATION: BUSINESS, R/O. VALMIKINAGARA, NH-4, BHATAWADI CIRCLE, TUMAKURU-572 103. …PETITIONER (BY SRI. RAJENDRA.S., ADVOCATE FOR SRI. S.V. PRAKASH., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. TUMAKURU MAHANAGARA PALIKE TOWN HALL CIRCLE, TUMAKURU-572 101 REP. BY ITS COMMISSIONER. 3. THE EXECUTIVE ENGINEER TUMAKURU MAHANAGARA PALIKE, TOWN HALL CIRCLE, TUMAKURU-572 101. 4. THE ASSISTANT EXECUTIVE ENGINEER TUMAKURU MAHANAGARA PALIKE, TOWN HALL CIRCLE, TUMAKURU -572 101. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4089 WP No. 27547 of 2016 5. THE TAHASILDHAR TUMAKURU TALUK, TUMAKURU-572 101. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1 & R-5; SRI. SUBRAMANYA.R., ADVOCATE FOR R-2 TO R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO FORM THE STORM WATER DRAIN IN THE SCHEDULE PROPERTY EXCEPT AS PER THE SKETCH PREPARED BY THE TAHASILDAR (R-5) AS SHOWN IN ANNEXURE-C AND REVENUE SKETCH AS PER ANNEXURE-L & GOOGLE MAP AS PER ANNEXURE-N, ETC. THIS PETITION, COMING ON FOR PRELIMIARY 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 a direction to be issued to the respondents not to form the storm water drain in the schedule property except as per the sketch prepared by the Tahsildar as shown in Annexure – C and also revenue sketch as per Annexure – L and Google map as per Annexure – N. - 3 - NC: 2025:KHC:4089 WP No. 27547 of 2016 2. Learned counsel for the petitioner points out that as per the Google map that is produced at Annexure – N, there existed a channel, which is indicated in light blue colour and the drain, if any, is to be constructed can only be in this portion indicated in light blue colour, whereas the respondents have constructed the storm water drain in the area here marked in red colour, which is cutting across the petitioner’s land. 3. Learned counsel appearing for the respondents Sri.Subramanya, on instructions of the Authorities submits that the they will take steps to remove the existing storm water drain and utilize the entire portion indicated in the light blue colour in Annexure – N for the formation of the storm water drain. 4. In my view, in the light of this submission, the prayer made in this writ petition would not survive for consideration. The respondents are directed to form a drain in the area here marked in the light blue colour in Annexure – N for the purposes of draining - 4 - NC: 2025:KHC:4089 WP No. 27547 of 2016 the storm water. This writ petition is accordingly disposed of. 5. It is made clear that the drain will be in accordance with the revenue sketch and the reference made to Annexue – N is because it is the case of the petitioner that the drain in the revenue sketch is actually the portion marked in light blue colour in Annexure – N. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 45