- 1 - NC: 2025:KHC:5956 WP No. 25914 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 25914 OF 2023 (LB-RES) BETWEEN: 1. SRI. NAGARAJAIAH S/O. LATE H. RUDRAIAH, AGED ABOUT 63 YEARS, R/AT RAKSHITHA NILAYA, NO. 589, 4TH CROSS, BHUVANESHWARI NAGAR, HESARAGHATTA ROAD, T. DASARAHALLI POST, BENGALURU-560 057. …PETITIONER (BY SRI. CHOKKAREDDY, ADVOCATE FOR SRI. RAVIKUMAR M., ADVOCATE) AND: 1. STATE OF KARNATAKA UNDER SECRETARY URBAN DEVELOPMENT, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001. 2. COMMISSIONER MADHANAYAKANAHALLI CITY MUNICIPAL CORPORATION, MADHANAYAKANAHALLI, PIN CODE-562 162. 3. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5956 WP No. 25914 of 2023 KANDHAYA BHAVAN, K.G. ROAD, BENGALURU-560 009. 4. POLICE INSPECTOR MADHANAYAKANAHALLI POLICE STATION, MADHANAYAKANAHALLI, PIN CODE-562 162. …RESPONDENTS (BY SMT. SPOORTHI V, HCGP FOR R1, R3 AND R4; SRI. A RAVISHANKAR, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION NO.2 TO CONSIDER ANNX-A DTD 13.10.2022 FOR REMOVE THE ILLEGAL TEMPORARY STRUCTURE AS TEMPLE ON THE SOUTHERN SIDE OF THE PETITIONER’S PROPERTY BEARING SITE NO. 3 AND 4, ASSESSMENT NO. 52/2, MEASURING EAST TO WEST: 30 FEET, NORTH TO SOUTH, EASTERN SIDE :65 FEET, WESTERN SIDE: 52 FEET, IN ALL TOTAL 1755 SQFT, SITUATED AT MADHAVARA VILLLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, NOW THE PROPERTY COMES UNDER THE MADHANAYAKANAHALLI MUNICIPAL CITY CORPORATION, BY ALLOWING WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this petition is for issuance of a direction to respondent No.2 to consider the representation dated 13.10.2022, by which, the petitioner is requesting for removal of an illegal - 3 - NC: 2025:KHC:5956 WP No. 25914 of 2023 temporary structure that is put up on the Southern side of his property and thereby preventing his ingress and egress to his property. 2. The petitioner has also produced the photograph of the religious structure, which indicates that a temporary structure has been put up to house a deity. 3. It is also seen from this photograph that this structure has been put up on the road itself and the road being the property of the Municipal Council, it would be the bounden duty of the Municipal Council to remove the same. 4. Accordingly, a direction is issued to the Municipal Council to remove the structure that has been put up on the road as indicate in Annexure - G and G1. 5. If there is any impediment to the removal, the Municipal Council is permitted to seek the assistance of the Jurisdictional Police and the Jurisdictional - 4 - NC: 2025:KHC:5956 WP No. 25914 of 2023 Police shall ensure that there is no impediment for the removal of religious structure. 6. This exercise shall be undertaken and completed within a period of one month from the date of receipt of the copy of this order. 7. This petition is accordingly disposed of. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 19