- 1 - HC-KAR NC: 2025:KHC:18400 WP No. 15268 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15268 OF 2025 (LB-RES) BETWEEN: 1. P.S. RAJESH BABU S/O LATE P. SHANTARAJA GUPTA AGED ABOUT 46 YEARS OCC: BUSINESS AND AGRICULTURE R/O. MYSORE ROAD NEAR PUSHPANJALI TALKIES HIRIYUR, CHITRADURGA - 577 598. 2. HABIB KHAN S/O LATE MOHIDDIN KHAN AGED ABOUT 74 YEARS OCC: BUSINESS R/O. #12, HULIYAR ROAD KUVEMPU NAGARA, HIRIYUR CHITRADURGA - 577 598. 3. SURESH KUMAR B. S/O LATE BABU LAL C. AGED ABOUT 63 YEARS OCC: BUSINESS R/O. HULIYAR ROAD 18TH WARD, HIRIYUR CHITRADURGA - 577 598. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18400 WP No. 15268 of 2025 4. M.K. RAMA KISHOR, S/O. LATE M.V. KRISHNAIAH SHETTY AGED ABOUT 48 YEARS OCC: BUSINESS R/O. SRI VENKATESHWARA NILAYA HULIYAR ROAD NEAR PUSHPANJALI TALKIES HIRIYUR, CHITRADURGA - 577 598. …PETITIONERS (BY SRI S.V. PRAKASH, ADVOCATE) AND: 1. THE NATIONAL HIGHWAYS AUTHORITIES OF INDIA REPRESENTED BY ITS CHAIRMAN (AN AUTHORITY CONSTITUTED UNDER NATIONAL HIGHWAYS AUTHORITY INDIA ACT, 1988) G5 AND G6 SECTOR-10, DWARAKA NEW DELHI - 110 075. 2. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT M.S. BUILDING BENGALURU - 560 001. 3. THE PRINCIPAL SECRETARY DEPARTMENT OF URBAN DEVELOPMENT GOVERNMENT OF KARNATAKA 4TH FLOOR, VIKASA SOUDHA BANGALORE - 01. - 3 - HC-KAR NC: 2025:KHC:18400 WP No. 15268 of 2025 4. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501. 5. THE TAHSILDAR HIRIYUR TALUK, HIRIYUR CHITRADURGA DISTRICT - 577 598. 6. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C AND B) K.R. CIRCLE, DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 7. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CHITRADURGA CHITRADURGA DISTRICT - 577 501. 8. THE CITY MUNICIPAL COUNCIL HIRIYUR TOWN, HIRIYUR CHITRADURGA DISTRICT - 577 598 BY ITS CHIEF OFFICER. 9. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT HIRIYUR, HIRIYUR TALUK CHITRADURGA DISTRICT - 577 598. …RESPONDENTS (BY SRI SHOBITH N. SHETTY, ADVOCATE FOR R.1; SMT. SUKANYA BALIGA, AGA FOR R.2 TO R.7 AND R.9; SRI S. MAHESH, ADVOCATE FOR R.8.) - 4 - HC-KAR NC: 2025:KHC:18400 WP No. 15268 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE WRIT OR ORDER OR DIRECTION DECLARING THE CONTEMPLATED ACTION OF THE RESPONDENT-AUTHORITIES IN TAKING OVER THE PORTION OF THE SCHEDULE PROPERTIES BY DEMOLISHING THE PORTION OF THE BUILDINGS WITHOUT FOLLOWING PROCEDURES ESTABLISHED BY LAW AS ARBITRARY, ILLEGAL AND IN FLAGRANT VIOLATION OF THEIR CONSTITUTIONAL RIGHTS RECOGNIZED UNDER ARTICLE 300A OF CONSTITUTION OF INDIA, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioners is that their properties have been sought to be demolished by the respondents without following due process of law. 2. The learned Additional Government Advocate appearing for respondent Nos.2 to 7 and 9 upon instructions submits that whatever action that has to be taken will be taken only in accordance with law. 3. Her submission is placed on record. - 5 - HC-KAR NC: 2025:KHC:18400 WP No. 15268 of 2025 4. One cannot presume that the State Authorities are going to act arbitrarily and demolish the properties of the petitioners. 5. For the aforementioned reasons, the writ petition is hereby disposed of with a direction to the respondents to take possession of the properties belonging to the petitioners or demolish portion of the same only in accordance with law and after following all the necessary due process and not otherwise. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 274