- 1 - NC: 2025:KHC:3829 WP No. 23973 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.23973 OF 2024 (KLR-RES) BETWEEN: SEVAGYAN A REGISTERED CHARITABLE TRUST OFFICE AT HOUSE NO.203 SECOND MAIN ROAD BRINDAVAN EXTENSION ARAKERE MICO LAYOUT BENGALURU - 560076 REPRESENTED BY ITS CHAIRMAN G PANDU NAIK S/O LATE GOVINDA NAIK AGED ABOUT 59 YEARS …PETITIONER (BY SRI.KUMARA K G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA DR B.R.AMBEDKAR VEEDHI BENGALURU - 560001 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT BENGALURU - 560001 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:3829 WP No. 23973 of 2024 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH BENGALURU DISTRICT BENGALURU - 560001 4. THE TAHSHILDAR ANEKAL TALUK ANEKAL - 562102 5. THE ASSSISTANT DIRECTOR OF LAND RECORDS ANEKAL TALUK ANEKAL - 562102 6. MR.N.CHOWDAPPA S/O NALLAPPA AGED ABOUT 50 YEARS RESIDING AT KOPPA VILLAGE JIGANI HOBLI ANEKAL TALUK - 562102 …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R.1 TO 5; SRI.G.S.PATEEL, ADVOCATE FOR R.6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DTD 26.07.2024 AS PER THE (ANNX-K) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:3829 WP No. 23973 of 2024 ORAL ORDER This writ petition is filed seeking directions against respondent No.2 to consider the petitioner's representation dated 26.07.2024 and pass appropriate orders. 2. Heard learned counsel for the petitioner, learned counsel appearing for respondent No.6 and learned AGA appearing for respondent Nos.1 to 5. 3. The petitioner - Trust is the owner of immovable property bearing Sy. No.74/2 totally measuring 1 acre, which includes 3 guntas of kharab land. The petitioner has converted the land for non-agricultural educational purpose vide order dated 04.09.2019 and the school building is constructed. Now, the petitioner is running a school in the name and style of League Global School. The petitioner - Trust is aggrieved by the obstruction on the road, which runs through land bearing Sy. Nos.77/1, 75/3 and 75/4 and on the opposite side, the land bearing Sy. No.76/3 is owned by respondent No.6. - 4 - NC: 2025:KHC:3829 WP No. 23973 of 2024 4. The primary contention in the present dispute, as advanced by the learned counsels representing the respective parties, centers around the ownership and encroachment allegations related to the land bearing Sy. No.76/3, which is owned by respondent No.6. The said respondent has alleged that the owners of adjacent lands bearing Sy. Nos.77/5, 75/3, and 75/4 have unlawfully encroached upon the existing road, thereby staking a claim over a portion of his land. This has given rise to a conflict concerning the actual demarcation and utilization of the road, necessitating immediate intervention by the relevant authorities. 5. The learned Additional Government Advocate (AGA) has submitted that there exists a technical discrepancy, which has resulted in an overlapping of land boundaries, thereby affecting the actual width of the road. The learned AGA has further emphasized that an accurate determination of the width of the road can only be ascertained through a proper and detailed enquiry - 5 - NC: 2025:KHC:3829 WP No. 23973 of 2024 conducted by the competent authorities. Such an enquiry would be essential to resolve the existing confusion and to ensure that no party is unjustly deprived of their lawful access to the road. 6. Notwithstanding the aforementioned technical discrepancies, it is an undisputed fact that a road exists in the subject area. In light of this, it is imperative that no obstruction is allowed to hinder the movement of individuals who are entitled to use the said road. Therefore, this Court directs the jurisdictional Tahasildar, along with respondent No.5, to conduct an immediate site inspection and take all necessary measures to ensure that the road remains free from any obstructions until such time as the actual width of the road is conclusively determined by the concerned authorities. Additionally, respondent No.4 is instructed to undertake all appropriate steps to safeguard the right of access for the owners of the adjoining properties and prevent any unauthorized hindrance to the use of the road. - 6 - NC: 2025:KHC:3829 WP No. 23973 of 2024 7. Based on the foregoing observations, this Court proceeds to pass the following: ORDER (i) The writ petition is hereby allowed. (ii) Respondent Nos.4 and 5 are directed to consider the petitioner's representation in a fair and just manner, ensuring that all necessary legal procedures are adhered to. This process must involve notifying all interested parties and affording them an opportunity to present their claims and objections before arriving at a decision. (iii) Until the enquiry is fully completed and the precise width of the road is ascertained, respondent Nos.4 and 5 shall take all requisite steps to ensure that the road remains unobstructed, thereby allowing uninterrupted access to all entitled users. - 7 - NC: 2025:KHC:3829 WP No. 23973 of 2024 (iv) Upon the conclusion of a thorough enquiry, if it is determined that any encroachment has taken place over the road, the concerned authorities shall initiate appropriate legal action against the individuals or entities responsible for such encroachment, and take necessary steps to restore the road to its legally designated width. (v) The respondents shall act with due diligence and ensure that the matter is resolved in an expeditious manner, upholding the rights of all concerned parties while maintaining the integrity of public access to the road. Ordered accordingly. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 21