- 1 - NC: 2025:KHC:445-DB WP No. 27434 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 27434 OF 2024 (LB-RES-PIL) BETWEEN: 1. MANJUNATH SHIVANAGOUDA PATIL AGE: 38 YEARS OCC: AGRICULTURE R/O. MUTTAGI VILLAGE TQ: BASAVANA BAGEWADI DIST. VIJAYAPURA-586 216. …PETITIONER (BY SRI SACHIN C. ANGADI, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY GOVT. OF KARNATAKA OFFICE AT: VIDHANA SOUDHA BENGALURU-560 001. 2. DISTRICT COMMISSIONER VIJAYAPURA R/BY D.C. VIJAYAPURA Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:445-DB WP No. 27434 of 2024 NEAR BUS STAND VIJAYAPURA-580 001. 3. CHIEF EXECUTIVE OFFICER VIJAYAPURA OFFICE: ZILLA PANCHAYATH VIJAYAPURA-586 101. 4. PANCHAYATH DEVELOPMENT OFFICER MUTTAGI VILLAGE TQ: BASAVANA BAGEWADI DIST. VIJAYAPURA-586 101. 5. SUPERINTENDENT OF POLICE VIJAYAPURA SOLAPUR ROAD VIJAYAPURA-586 101. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R.1, 2 AND 5; SRI SHIVAYOGESH SHIVAYOGIMATH, ADVOCATE FOR R.3 AND 4.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS TO DIRECT THE RESPONDENT TO DEMOLISH THE ILLEGAL CONSTRUCTION IN THE BUS STAND LAND IN THE BEARING PROPERTY No.150700102800201569, BEARING SURVEY No.1257 SITUATED AT MUTTAGI GRAMA PANCHAYATH BLOCK:BASAVANA BAGEWADI, DISTRICT:VIJAYAPURA IN THE INTEREST OF JUSTICE, ETC. THIS PETITION, COMING ON FOR ORDERS, 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 - 3 - NC: 2025:KHC:445-DB WP No. 27434 of 2024 ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Sachin C. Angadi for the petitioner who appeared through video conferencing, learned Additional Government Advocate Smt. Niloufer Akbar who appeared for respondent Nos.1, 2 and 5 upon service of notice and learned advocate Mr. Shivayogesh Shivayogimath for respondent Nos.3 and 4. 2. The present petition is styled as public interest petition wherein the petitioner claims to be the resident of Muttagi village and further projects himself to be a public spirited person. 2.1. The prayers advanced in the petition are as under, "(i) To direct the Respondent to demolish the illegal construction in the bus stand land in the bearing property no.150700102800201569, bearing survey no.1257 situated at Muttagi Grama Panchayath Block: Basavana Bagewadi, District: Vijayapura. (ii) To direct the Respondent to construct the new Bus Stand in the bearing property no.150700102800201569, bearing survey no.1257 situated at Muttagi Grama Panchayath Block: Basavana Bagewadi, District: Vijayapura." - 4 - NC: 2025:KHC:445-DB WP No. 27434 of 2024 3. Stated in nutshell, the case of the petitioner is that at the village where he is residing, a particular land was earmarked for bus station, but the bus station was demolished and another construction is being put up by the authorities on the land. The petitioner wants the Court to direct the authorities to demolish the illegal construction and put up the bus stand at the place. 4. The Court is not inclined to entertain the present public interest petition for two reasons. Firstly, it is not the domain of the Court at which place the bus station should be constructed and it is entirely for the executive authorities to choose a site for putting up and constructing the bus station. Secondly, whether the construction going on is lawful or not, requires a fact finding inquiry which cannot be undertaken in the petition filed under Article 226 of the Constitution. Therefore, the petition is not entertained. 5. However, the authorities shall look into the grievance of the petitioner to the extent as to whether the construction which is being put up at the place in question is illegal or authorised construction. 6. If it is illegal, the authorities shall act in accordance with law. - 5 - NC: 2025:KHC:445-DB WP No. 27434 of 2024 7. With the above limited observations, this petition is not entertained and it stands disposed of. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 53