- 1 - NC: 2025:KHC:7643-DB WP No. 26856 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 26856 OF 2024 (GM-RES-PIL) BETWEEN: 1. SRI K RAMESH S/O KEMPARANGAIAH AGED ABOUT 54 YEARS R/AT NO. 158, 6TH A MAIN ROAD 3RD BLOCK, T R NAGAR BASAVANAGUDI BENGALURU 560 028 2. SRI GIRISH S/O KEMPARANGAIAH AGED ABOUT 45 YEARS 3. THIMME GOWDA S/O BORAIAH AGED ABOUT 53 YEARS 4. GANGARANGAIAH S/O KEMPARANGAIAH 5. GOVINDAIAH S/O THIRUMALAGOWDA 6. SMT. LALITHAMMA W/O PARAMESH AGED ABOUT 45 YEARS 7. SRI H R GURUMURTHY S/O RANGE GOWDA AGED 26 YEARS PETITIONER NOS.2 TO 7 ARE ALL RESIDING AT K HARAVESANDRA VILLAGE Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:7643-DB WP No. 26856 of 2024 GUBBI TALUK, HINDISGERE TUMKUR 572213 …PETITIONERS (BY SRI SURENDRA KUMAR N, ADVOCATE) AND: 1. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYAT GUBBI HOBLI AND TALUK TUMKUR DISTRICT 2. PANCHAYAT DEVELOPMENT OFFICER HINDSAGERE VILLAGE PANCHAYAT GUBBI TALUK TUMKUR DISTRICT 3. PARAMESH S/O KEMPARANGAIAH AGED ABOUT 42 YEARS 4. RAMESH S/O PATHIYAPPA AGED ABOUT 40 YEARS 5. KISHORE S/O NAGARAJ AGED ABOUT 30 YEARS RESPONDENT NOS.3 TO 5 ARE R/AT K HARAVESANDRA VILLAGE GUBBI TLAUK TUMKUR 572213 …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION TO SET RIGHT THE DESTROYAL OF ROAD FROM THE HOUSE OF GOVINDAPPA OF K.HARAVESANDRA VILLAGE UPTO THE GARDEN LAND OF SEENAMMA IN SURVEY NO.28/1, WHICH COMES UNDER THE LIMITS OF INDUSGERE PANCHAYAT LIMIT, GUBBI TALUK, TUMKUR DISTRICT AND THEREBY RESTORE THE SAME NORMAL ORIGINAL CONDITION AS EXISTED EARLIER TO DESTROYAL OF ROAD AND ETC. - 3 - NC: 2025:KHC:7643-DB WP No. 26856 of 2024 THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The petitioners, seven in numbers, who belong to the village of K. Haravasandra, C.S.Pura Hobli, Gubbi Taluka, Tumakuru District, claiming to be agriculturists and public spirited persons, have filed this petition in the nature of public interest petition. 2. The grievance in the petition is in respect of the condition of public road which passes from the house of one Govindappa of the village to the garden land of Seenamma in Sy. No.28/1 which is the access to their land. It is claimed that this is the only road to approach the lands of the petitioners and for the use of the villagers and public. 3. The case inter alia is that respondent Nos.2, 3 and 4, who are the private respondents, have dug the road and the general - 4 - NC: 2025:KHC:7643-DB WP No. 26856 of 2024 public are not allowed to make use of the road. It is stated that the petitioners are unable to have access to their lands in view of total obstruction created by the private respondents. The petitioners have produced the photographs to show that the road in question is dug up. 4. From the averments made in the petition, it is not clear as to whether the road which is stated to be passing from the house of Govindappa is a private road to be used by the public including the petitioners. Be that as it may. 5. Even going by the case of the petitioners that it is a public road and that it is dug up, it is for the Panchayat authorities to look into the grievance. Laying or the repair of road, maintenance and keeping it in a good condition are the questions entirely the domain of the executive. 5.1 It is to be noted that the representation of the petitioners is pending, which was made to the Tahsildar, Gubbi Taluka for taking suitable action against the miscreants who are alleged to have dug up the public road, which according to the petitioners, is within the limits of the Panchayat. - 5 - NC: 2025:KHC:7643-DB WP No. 26856 of 2024 6. Liberty is given to the petitioners to pursue the said representation or to make a fresh representation to the Panchayat authorities, who shall look into the same and if required, take necessary remedial action in accordance with law, preferably within eight weeks, if required. 7. Without going into the merits and without expressing any opinion, the present petition is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE KPS List No.: 1 Sl No.: 10