- 1 - HC-KAR NC: 2025:KHC:18421 WP No. 15345 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15345 OF 2025 (LB-RES) BETWEEN: G. BASAVARAJ, S/O G. SIDDALINGAPPA, AGED ABOUT 65 YEARS, NO.2402/1, 1ST FLOOR, 10TH MAIN CROSS, MCC A BLOCK, NEAR BAKKESHWARA HIGH SCHOOL, SOUTHERN EXTENSION – DVG, DAVANAGERE – 577 004. …PETITIONER (BY SRI. CHANDRASHEKAR P.V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE – 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, DAVANAGERE DISTRICT, DAVANAGERE – 577 001. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18421 WP No. 15345 of 2025 3. THE ASSISTANT COMMISSIONER, DAVANAGERE SUB – DIVISION, DAVANAGERE – 577 001. 4. THE TASHILDHAR, JAGALURU TALUK, JAGALURU, DAVANAGERE DISTRICT – 577 528. 5. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, JAGALURU SUB DIVISION, JAGALURU, DAVANAGERE DISTRICT – 577 528. 6. THE TOWN PANCHAYAT, JAGALURU, DAVANAGERE DISTRICT – 577 528. REPRESENTEDC BY ITS COMMISSIONER. …RESPONDENTS (BY SRI.YOGESH D. NAYAK, AGA FOR R1 TO R5; SRI.MAHESH R UPPIN, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (1) DIRECTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE PETITIONER PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTY IN ANY MANNER INCLUDING THE UTILIZATION OF THE SCHEDULE PROPERTIES, OTHER THAN THROUGH DUE PROCESS OF LAW AND ETC., - 3 - HC-KAR NC: 2025:KHC:18421 WP No. 15345 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN ORAL ORDER The case of the petitioner is that, he is the owner of the writ petition schedule property. 2. It is submitted that respondents are intending to widen the road facing the writ petition schedule property and have marked certain portions of the schedule property. It is further submitted that there is a threat of dispossession without following the due process. 3. The respondents dispute the ownership of the petitioner over the property concerned. However, they submit that even otherwise if the same has to be utilized for the formation of the road, the same will be done after following the due process and not otherwise. 4. Their submission is placed on record. - 4 - HC-KAR NC: 2025:KHC:18421 WP No. 15345 of 2025 5. Hence, the following: ORDER i. Respondents are directed to utilize the writ petition schedule property only after following the due process of law and not otherwise. ii. Writ petition is disposed of. Sd/- (M.I.ARUN) JUDGE PK List No.: 1 Sl No.: 16