- 1 - NC: 2025:KHC:1928 WP No. 17019 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 17019 OF 2024 (LB-RES) BETWEEN: 1. SRI SHRINIVAS P D S/O DASEGOWDA, AGED ABOUT 58 YEARS, R/O #291 5tH MAIN, 13th CROSS, GOKULAM 2nd STAGE, VANI VILAS MOHALA, MYSORE 570002. 2. SMT. PUTTATAYAMMA W/O NARAYAN AGED ABOUT 65 YEARS, R/O #2462/2, 3rd MAIN, 4th CROSS, VINAYAKA NAGAR, MYSORE 570012. 3. SMT. D KEMPAMMA W/O LINGAPPA, AGED ABOUT 57 YEARS, R/O #2462/2, 3rd MAIN , 4th CROSS, VINAYAKA NAGAR, JAYALAKSHMI PURAM, MYSORE 570012. 4. SMT. GAYATHRI P D W/O SURESH, AGED ABOUT 61 YEARS, R/O 2344, 5tH MAIN, VINAYAKA NAGAR, PADAVARAHALLI, MYSORE 570012. 5. SMT. S SUSHEELA W/O LATE P D CHIKKANNA AGED ABOUT 59 YEARS, R/O #2344, 5TH MAIN, VINAYAKA NAGARA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1928 WP No. 17019 of 2024 PADAVARAHALLI, MYSORE 570012 6. SMT. PAVITHRA C W/O VIJAY M AGED 40 YEARS, R/O #2344, 5th MAIN, VINAYAKA NAGAR, PADAVARAHALLI, MYSORE 570012. 7. SMT. MAMATA C D/O LATE P D CHIKKANNA AGED ABOUT 36 YEARS, R/O 2462/2, 3rd MAIN 4th CROSS, VINAYAKA NAGAR, JAYALAKSHMIPURAM MYSORE 570012 …PETITIONERS (BY SRI. VEDANTH VIJAYAN., ADVOCATE FOR SMT. G.K.BHAVANA., ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA AMBEDKAR VEEDHI BENGALURU 560001. 2. THE DEPUTY COMMISSIONER MYSORE DISTRICT GIRIBHOVIPALYA SIDDHARTA NAGAR, MYSORE 570011. 3. THE COMMISSIONER MYSORE MAHANAGARA PALIKE, SAIYYAJIRAO ROAD, MYSORE. 4. THE EXECUTIVE ENGINEER MYSORE CITY WATER SUPPLY AND DRAINAGE BOARD, JALA BHAVAN, 2nd FLOOR, P-4, 10tH MAIN ROAD, 3rd CROSS, - 3 - NC: 2025:KHC:1928 WP No. 17019 of 2024 SARASWATHIPURAM, MYSORE 570009 …RESPONDENTS (BY SRI. SPOORTHI.V., HCGP FOR R-1 & R-2; SRI. GAURAV G.K., ADVOCATE FOR R-3; SMT. SUMANGALA GACHCHINAMATH., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.3 DIRECTING THEM TO DEMOLISH THE ILLEGAL COMPOUND WALL WHICH IS CONSTRUCTED BLOCKING THE ENTRANCE FROM THE MAIN ROAD INTO THE SCHEDULE PROPERTY, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in the Writ Petition is to direct respondent No.3 to demolish the illegal compound wall, which was constructed and blocks the entrance from the main road to the property of the petitioner, which is admittedly the property bearing Sy.No.220/6 measuring 25 guntas. 2. The petitioner places reliance on a joint survey sketch vide Annexure-L, which indicates that the holding of the petitioner to an extent of 25 guntas - 4 - NC: 2025:KHC:1928 WP No. 17019 of 2024 i.e., the aforementioned land falls within the larger area of Sy.No.220/6 which belongs to the contesting respondent No.3. 3. In fact, in Annexure-L, it is stated as follows- “5. j.¸À.£ÀA.220/6 ºÁUÀÆ ¯ÁUÀÄ »¸ÉìUÀ¼ÀÄ ªÀÄvÀÄÛ ¨ÁdÄ »£ÀPÀ¯ï UÁæªÀÄzÀ ¸À.£ÀAUÀ¼À£ÀÄß ¸ÉÃj¹ MmÁÖV ºÁ° d«ÄãÀÄ ¹ÜwAiÀÄAvÉ PÁA¥ËAqï ¤«Äð¸À¯ÁVgÀÄvÀÛzÉ. RTCzÁgÀgÀ zÀÄvÀ¹Û «¹ÛÃtðªÀÅ ¸ÀºÀ PÁA¥ËAqï ¤«ÄðvÀ ¥ÀæzÉñÀzÉÆüÀUÉ ¸ÉÃjzÀÄÝ EzÀgÀ MvÀÄÛªÀj vÉgÀªÀÅUÉƽ¹PÉÆqÀ®Ä SÁ¸ÀVAiÀĪÀgÀÄ PÉÆÃjgÀÄvÁÛgÉ [RTCzÁgÀgÀÄ]” 4. The case of the petitioner is also that as per the survey sketch, which is produced as Annexure-N, indicates the possession of the petitioner over the south of Sy.No.220/6 which belongs to the petitioner and it also indicates an existence of a road. The petitioner contends that despite this admitted possession of the petitioner, respondent No.3 has erected a new compound wall by removing the gate that was in existence, thereby cutting off the access - 5 - NC: 2025:KHC:1928 WP No. 17019 of 2024 completely to the 25 guntas of the land of the petitioner. 5. The petitioner places reliance on the photographs at Annexures-P to P3, which also indicates that there is a freshly put up compound wall and which covers the area between the earlier erected compound wall. This would, therefore, clearly establish that respondent No.3 had, by putting up the compound wall, completely blocked the access to the petitioner’s land. 6. In light of the fact that the survey records indicates that Sy.No.220/6 measuring 25 guntas belongs to the petitioner and falls within the larger area which belongs to respondent No.3, it is obvious that the petitioner would have a right of access to this particular land and he did have an access until the compound wall was constructed. - 6 - NC: 2025:KHC:1928 WP No. 17019 of 2024 7. I am, therefore, of the view that it would be necessary to direct respondent No.3 to dismantle the compound wall which has been erected, as indicated in Annexures-P to P3, photographs, within a period of two weeks, and permit the petitioner to have access to his property. 8. If respondent No.3 is of the view that they own the property between the petitioner’s property and the road, they are entitled to initiate proceedings before the appropriate Forum and establish their right. 9. Subject to the above, the Writ Petition is allowed. 10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 19