- 1 - NC: 2025:KHC:6489 WP No. 24163 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 24163 OF 2024 (KLR-RR/SUR) BETWEEN: Y. RAVIYAPPA, AGED ABOUT 44 YEARS, S/O LATE C. YELLAREDDY, R/AT # 2113, 23RD MAIN, HSR LAYOUT, BANGALORE SOUTH - 560 102. …PETITIONER (BY SRI. UDAY K S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S.BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. DEPUTY COMMISSIONER, BANGALORE URBAN, BANGALORE - 560 051. 3. ASSISTANT COMMISSIONER, BANGALORE SOUTH SUB DIVISION, BANGALORE - 560 067. Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:6489 WP No. 24163 of 2024 4. THASHILDAR, ANEKAL TALUK, ANEKAL - 562 106. …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION OR ORDER OF SIMILAR NATURE DIRECTING THE R-2 TO 4 TO TAKE APPROPRIATE ACTION TO CLEAR THE ENCROACHMENTS OVER THE SABMANGALA VILLAGE TO THE BEDARAGERI ROAD IN PURSUANCE OF THE REPRESENTATIONS MADE BY THE PETITIONER AT ANNEXURE - E1 AND E2 DATED 29.05.2023 AND 07.05.2024 RESPECTIVELY 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 ORAL ORDER This petition is filed seeking mandamus against the respondents to remove the encroachments made over the cart road by considering the representations made by the petitioner as per Annexure-E1 and E2. 2. Heard learned counsel for the petitioner and learned AGA for the respondents. Perused the records. - 3 - NC: 2025:KHC:6489 WP No. 24163 of 2024 3. Learned AGA submits that similar complaints regarding obstruction of the cart road have been raised on multiple occasions in the past, and each time, the Tahasildar has taken appropriate steps to clear the obstructions. However, despite these efforts, it is submitted that villagers are once again obstructing movement over the cart road connecting Sabmangala village to Bedarageri road. Such repeated obstructions not only hinder free movement but also severely impact the rights of agriculturists who rely on this public pathway for access to their agricultural lands. A cart road serves as a crucial lifeline for farmers, facilitating the transportation of agricultural inputs such as seeds, fertilizers, and equipment, as well as enabling the movement of harvested produce to markets. Any hindrance to such access directly threatens the livelihood of farmers and disrupts agricultural activities essential to the rural economy. - 4 - NC: 2025:KHC:6489 WP No. 24163 of 2024 4. Given that the Tahasildar is the custodian of this public cart road, it becomes imperative for the authorities to ensure that the road remains free from any unlawful encroachments or obstructions. Denying an agriculturist access to a public cart road is not only unjust but also a violation of their fundamental right to carry out agricultural operations without undue interference. The obstruction of such a critical route could lead to economic hardship for farmers and impact the agricultural productivity of the region. Therefore, it is incumbent upon the Tahasildar to take immediate and effective action against the violators to prevent any further disruption. The necessity of maintaining unhindered access to this cart road cannot be overstated, as it directly impacts the ability of farmers to cultivate and sustain their livelihoods. In light of these considerations, this case presents a fit instance where a writ of mandamus is warranted to uphold the rights of the affected agriculturists and ensure the uninterrupted use of the public cart road. - 5 - NC: 2025:KHC:6489 WP No. 24163 of 2024 5. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. The Tahasildar is hereby directed to take appropriate action forthwith and clear all the obstructions; iii. If need arises, the Tahasildar shall secure an undertaking from the villagers, who are unnecessarily blocking the cart road; iv. This exercise shall be accomplished within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 8