- 1 - NC: 2025:KHC:16001 WP No. 22657 of 2024 C/W WP No. 20366 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 22657 OF 2024 (KLR-RES) C/W WRIT PETITION NO. 20366 OF 2023 (KLR-RES) IN WP No. 22657/2024 BETWEEN: 1. SRI GOWTAM AGARWAL AGED ABOUT 45 YEARS, S/O SRI SATISH AGARWAL, R/AT NO.283, 5TH MAIN, 5TH CROSS, 1ST BLOCK, KORAMANGALA, BANGALORE-560034 2. ASPEN STEEL PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956, (DEEMED TO BE INCORPORATED UNDER THE COMPANIES ACT 2018) HAVING ITS REGISTERED OFFICE AT PLOT NO.54/1, OLD MADRAS ROAD, 18TH K M MEDAHALLI, BIDARAHALLI HOBLI, BANGALORE-560067 REPRESENTED BY ITS MANAGING DIRECTOR, SRI GAUTAM AGARWAL …PETITIONERS (BY SRI. VENKATESH S ARBATTI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16001 WP No. 22657 of 2024 C/W WP No. 20366 of 2023 BENGALURU-560001 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BENGALURU RURAL 560066. 3. THE ASSISTANT COMMISSIONER BENGALURU EAST SUB DIVISION, BENGALURU 560001. 4. THE TAHSILDAR BANGALORE EAST TALUK, KRISHNARAJAPURAM (K.R.PURAM) BENGALURU-560036 5. SMT. BHATYAMMA W/O LATE A CHIKKAMUNIYAPPA, AGED ABOUT 70 YEARS, 6. M C BABU S/O LATE A CHIKKAMUNIYAPPA, AGED ABOUT 53 YEARS, BOTH ARE R/AT BEHIND GOVERNMENT SCHOOL, MEDAHALLI VILLAGE, VIRGONAGAR, BENGALURU-560049 7. SRI SUBHASH SINGHI S/O NOT KNOWN, AGED NOT KNOWN, 54/1, B MEDAHALLI, OLD MADRAS ROAD, BANGALORE-560049 …RESPONDENTS (BY SRI. V SHIVA REDDY, AGA FOR R1 TO R4 SRI. ZULFIKIR KUMAR, ADVOCATE FOR R5 & R6 R7 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SETTING ASIDE THE ORDER DATED 02/09/2022 PASSED BY THE R4 IN CASE NO. NCR (B)CR/09/21-22 AT ANNX-L IN SO FAR AS PETITIONER CONCERN AND ETC. - 3 - NC: 2025:KHC:16001 WP No. 22657 of 2024 C/W WP No. 20366 of 2023 IN WP NO. 20366/2023 BETWEEN: 1. SMT. BHATYAMMA W/O LATE A CHIKKAMUNIYAPPA AGED ABOUT 70 YEARS 2. M C BABU S/O LATE A CHIKKAMUNIYAPPA AGED ABOUT 53 YEARS BOTH ARE R/A BEHIND GOVERNMENT SCHOOL MEDAHALLI VILLAGE VIRGONAGAR BENGALURU-560049 ...PETITIONERS (BY SRI. ZULFIKIR KUMAR SHAFI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU-560001 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BENGALURU RURAL 560066. 3. THE ASSISTANT COMMISSIONER BENGALURU EAST SUB DIVISION BENGALURU 560036 4. THE TAHSILDAR BANGALORE EAST TALUK K R PURAM BENGALURU-560036 5. SMT SAKHEENA SULTHANA S/O LATE ABDUL RAVOOF 6. SRI AFSAR PASHA S/O LATE ABDUL RAVOOF 7. SRI RAFEEQ PASHA - 4 - NC: 2025:KHC:16001 WP No. 22657 of 2024 C/W WP No. 20366 of 2023 S/O LATE ABDUL RAVOOF 8. SRI KAREEM PASHA S/O LATE ABDUL RAVOOF 9. SRI NAYEEM PASHA S/O LATE ABDUL RAVOOF 10. SRI GOWTHAM AGARWAL S/O SATISH AGARWAL RESPONDENTS NO (5) TO (10) ARE R/A MEDAHALLI VILLA GE BIDARAHALLI HOBLI BANGALORE EAST TALUK-560049 ...RESPONDENTS (BY SRI. V SHIVA REDDY, AGA FOR R1 TO R4 SRI. B RAMESH, ADVOCATE FOR R5, R6, R8 & R9 SRI. VENKATESH S ARBATTI, ADVOCATE FOR R10 R7 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO TAKE ACTION PURSUANT TO ORDER DATED 02/09/2022 IN CASE NO. NCR (B)CR/09/21-22 VIDE ANNEXURE- C AND REMOVAL OF ENCROACHMENT OF THE ROAD IN SY. NO. 54/1 AND 54/2B OF MEDAHALLI VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK BY THE R5 TO 10 AND TO ALLOW THIS WP AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order passed by the Tahsildar, by which the Tahsildar has concluded that a pathway has been blocked and therefore, the same was required to be removed, is the subject matter challenging in these two writ petitions. - 5 - NC: 2025:KHC:16001 WP No. 22657 of 2024 C/W WP No. 20366 of 2023 2. After the matters were argued for quite sometime, the parties ultimately arrived at a settlement, whereby they informed the Court that as per the sketch which is enclosed to the memo, the portion earmarked in blue colour has been left for access to the petitioner’s property. The petitioners in W.P.No.20366/2023 have filed a memo, which reads as follows: That as per submission made by respondent No.5 to 10 and as per sketch produced that petitioners have access to 25 feet width road between Sy.No.54/1 and Sy.No.54/2/B of Medahalli Village to access the petitioners property in Sy.No.106 of Medahalli village. If the petitioners right to use the above road of 25 feet is protected by this Hon’ble Court, the undersigned petitioners have no grievance. The 2nd petitioner prays that this Hon’ble Court may be pleased to dispose the Petition, accordingly, in the interest of justice and equity. 3. In the light of the memo that is filed, in the sketch that is enclosed, it is clear that the passage measuring about approximately 25 feet in width has been set apart for access to the petitioners to their property. Obviously, the portion marked in blue colour would also be used by persons other - 6 - NC: 2025:KHC:16001 WP No. 22657 of 2024 C/W WP No. 20366 of 2023 than the petitioners for having access to the property lying beyond. 4. In the light of the fact that the petitioners have agreed that they are, having access to their property by means of the road indicated in the sketch, the impugned order passed by the Tahsildar cannot be sustained and the same is quashed. 5. It is hereby made clear that the petitioners in W.P. No.22657/2024 and the statements made by the respondent Nos.5 to 10, the portion earmarked in blue colour in the sketch shall be set apart for the purpose of access to the petitioners’ property and neither the petitioners nor the respondents shall be in any way entitled to cause any impediment to the usage of this passage. 6. In the light of the above, writ petitions stand disposed of accordingly. 7. Apart from the sketch i.e., filed along with the memo, there is also a sketch produced Anenxure-H1 in which this particular access road is shown as B1, B2, B3, B4 and B7. It - 7 - NC: 2025:KHC:16001 WP No. 22657 of 2024 C/W WP No. 20366 of 2023 is clarified that this portion i.e., marked as B1, B3, B4 and B7 shall be maintained by both the parties as an access road. 8. Memo is filed by the 2nd petitioner in W.P. No.20366/2023. It is stated that petitioner’s have filed memo not only in favour of the 2nd petitioner but also on behalf of the mother of the 1st petitioner. 9. The order passed by the Tahsildar in W.P. No. 20366/2023 shall stand quashed. Sd/- (N S SANJAY GOWDA) JUDGE BS List No.: 1 Sl No.: 3