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2025 DAILYLAW 26706 (KAR)

AKASH G v. THE STATE OF KARNATAKA

WP/14435/2025 · 2025-05-20

C M Joshi

body2025

Judgment text

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- 1 - NC: 2025:KHC:18297 WP No. 14435 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE C M JOSHI WRIT PETITION NO. 14435 OF 2025 (GM-RES) BETWEEN: AKASH G, S/O.GULACHAND, AGED ABOUT 35 YEARS, R/O.SRISHAILA ROAD, HIRIYUR TOWN, B-DIVISION HIRIYUR TALUK, CHITRADURGA DISTRICT-572 143. …PETITIONER (BY SRI H.K RAVI, ADVOCATE FOR SRI PRASANNA KUMAR V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, M.S. BUILDING, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577 501. 3. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT, K.R. CIRCLE, BANGALORE-560 001. 4. THE EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT CHITRADURGA, CHITRADURGA DISTRICT-572 143. 5. THE CHIEF OFFICER, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18297 WP No. 14435 of 2025 TOWN MUNICIPAL COUNCIL, HIRIYUR, CHITRADURGA DISTRICT-572 143. …RESPONDENTS (BY SRI GOPALA KRISHNA SOODI, AGA for R1 to 4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE CONTEMPLATED ACTION OF THE RESPONDENTS TO DEMOLISH THE SCHEDULE PROPERTY ACQUIRED BY THE PETITIONER THROUGH REGISTERED SALE DEED DATED 29.11.2012 BELONGING TO THE PETITIONER VIDE ANNEXURE- A ARE WITHOUT AUTHORITY OF LAW AND WITHOUT JURISDICTION ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE C M JOSHI ORAL ORDER The learned Additional Government Advocate takes notice for respondent Nos. 1 to 4. 2. The petitioner herein is apprehending that respondent No.5-Chief Officer, Town Municipal Council, Hiriyur, is trying to demolish his property by illegal and arbitrary means. - 3 - NC: 2025:KHC:18297 WP No. 14435 of 2025 3. The efficacious remedy of injunction against the Municipal Council is elsewhere. Therefore, when an efficacious remedy is available, the writ jurisdiction cannot be invoked. However, to meet the ends of justice, there shall be an order restraining respondent No.5-chief Officer, Town Municipal Council, Hiriyur, from demolishing the property of the petitioner for a period of 15 days from today. 4. The petitioner is at liberty to approach the appropriate forum in this regard. 5. The writ petition is disposed of. Sd/- (C M JOSHI) JUDGE tsn* List No.: 1 Sl No.: 200