- 1 - NC: 2025:KHC:9176 WP No. 47951 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 47951 OF 2017 (GM-RES) BETWEEN: T. M. MALLAPPA S/O. MADAPPA, AGED ABOUT 57 YEARS, T. H. ROAD, AJJAMPURA, TARIKERE TALUK, CHIKKAMAGALURU DISTRICT-577 228. …PETITIONER (BY SRI. RAGHAVENDRA M. ADVOCATE FOR SRI. KALYAN R.,ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF PUBLIC WORKS, M.S. BUILDING, BENGALURU-560 001, REP BY SECRETARY. 2. THE CHIEF ENGINEER PWD, K.R. CIRCLE, BENGALURU-01. 3. THE DEPUTY COMMISSIONER CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR-577 101. 4. THE EXECUTIVE ENGINEER PWD AND PORT AND INLAND WATER, CHIKKAMAGALURU-577 101. 5. THE ASSISTANT EXECUTIVE ENGINEER PWD AND PORT AND INLAND WATER, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9176 WP No. 47951 of 2017 SUB-DIVISION NO.2, TARIKERE-577 228, CHIKKAMAGALURU. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA., AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF PROHIBITION OR ANY OTHER WRIT OR DIRECTION, BY PROHIBITING THE RESPONDENTS FROM TAKING POSSESSION AND DEMOLITION OF THE PETITIONER'S PROPERTY AS MENTIONED IN THE SCHEDULE WITHOUT DUE PROCESS OF LAW AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of prohibition or any other writ or direction by prohibiting the respondents from taking possession and demolition of the petitioner’s property as mentioned in the schedule of without due process of law. ii. To pass any other order/s as deems fit by this Hon’ble Court in the facts and circumstances of the case, in the interest of justice and equity. 2. The grievance of the petitioner was that the property of the petitioner bearing No.3446, T.H.Road, Ajjampujra Village and Hobli, Tharikere Taluk was - 3 - NC: 2025:KHC:9176 WP No. 47951 of 2017 proposed to be made use of by the respondents for widening of the road without acquisition thereof and it is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 3. Learned AGA today on instructions submits that there was never any proposal for respondents to make use of the land of the petitioner for widening of the road and respondents would not be making use of the land of the petitioner without following the due process of law. The said submission of learned AGA answers the grievance of the petitioner, placing the said submission on record, the petition stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 83