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2025 DAILYLAW 36673 (KAR)

RAVI KUMAR REDDY v. THE STATE OF KARNATAKA

WP/34547/2024 · 2025-01-16

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:1661 WP No. 34547 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34547 OF 2024 (LB-RES) BETWEEN: 1. RAVI KUMAR REDDY AGED ABOOOUT 62 YEARS S/OLATE NARAYANA REDDY SASANKOTA, RESIDING AT A-902, RAHEJA HEIGHTS MALAD EAST, MUMBAI-400097. …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY THE URBAN DEVELOPMENT DEPARTMENT, BANGALORE-560001. REPRESENTED BY ITS SECRETARY. 2. OFFICE OF GRAMA PANCHAYAT MUGULUR, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562125. REPRESENTED BY THE AUTHORIZED OFFICER. 3. OFFICE OF ANEKAL TALUK PANCHAYAT, ATTIBELE-ANEKAL RD, KSRTC COLONY, ANEKAL, KARNATAKA 562107. REPRESENTED BY THE AUTHORIZED OFFICER. 4. OFFICE OF ZILLA PANCHAYAT BANGALORE URBAN, S.KARIAPPA ROAD, BANASHANKARI Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1661 WP No. 34547 of 2024 NEAR BANASHANKARI TEMPLE BANGALORE 560050. REPRESENTED BY THE AUTHORIZED OFFICER. 5. CHANDRAIAH.T.N. S/O LATE NANJAPPA., AGED ABOUT 65 YEARS, R/AT No.2, KALABHYRAVESHWARA NILAYA, 1ST MAIN, 8TH CROSS, CHIKKATHAYAPPAREDDY LAYOUT, ROOPENA AGRAHARA, BENGALURU-560 068. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1; SRI. B.J.SOMAYAJI., ADVOCATE FOR R-3 & R-4; SRI. M.S.PRAKASH., ADVOCATE FOR R-2; SRI. CHETHAN.V., ADVOCATE FOR R-5 VIDE ORDER DATED:16.01.2025, I.A.1/2025 IS ALLOWED) 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 DATED 25.10.2024 FILED BY THE PETITIONER AS PER ANNEXURE-A AND TAKE NECESSARY ACTION. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:1661 WP No. 34547 of 2024 ORAL ORDER 1. The Gram Panchayat has filed statement of objections and along with it, it has filed photographs. 2. A perusal of Annexure-R2B photographs indicate that there is a fencing put across the middle of the road, thereby blocking the use of the entire road. 3. An application is also filed by T.N. Chandraiah seeking to be impleaded himself as respondent No.5 contending that he is the owner of the property bearing Sy.No.185/3 (old Sy.No.185/1) measuring 35 juntas situated at Thindlu village, Sarjapura Hobli, Anekal Taluk, Bengaluru, and he states that he became the owner by virtue of a permanent decree granted in O.S.No.517/1989 and the final decree passed in F.D.P. No.1/2010, which is also registered. 4. The counsel, who represents the proposed respondent No.5 submits that in order to give a quietus to the matter for the present, he would - 4 - NC: 2025:KHC:1661 WP No. 34547 of 2024 remove the fencing that is put across the road, as indicated in the photographs at Annexure-R2B and he would reserve his right to challenge the approval granted to the layout plan in favour of the builder, who has formed the road. 5. In view of the above, the proposed respondent No.5 is directed to remove the fencing indicated in the photographs at Annexure-R2B and report its compliance. 6. The proposed respondent No.5 is also granted liberty to challenge the order of the Planning Authority according approval for the formation of the layout, if so advised. 7. It is also needless to state that this Court is not expressing any opinion on the rights of either the petitioner or any other person or the proposed respondent for the land in question and the same would have to be adjudicated in the Civil Courts, - 5 - NC: 2025:KHC:1661 WP No. 34547 of 2024 which are already stated to be pending before the Civil Court. 8. Respondent No.5 is directed to remove the fencing within one week from today and report its compliance. This Writ Petition is, accordingly, disposed of. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 24