- 1 - NC: 2025:KHC:4715 WP No. 36283 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.36283 OF 2024 (KLR-RES) BETWEEN: DR.SHUBHA PRAVEEN W/O DR.PRAVEEN AGED ABOUT 52 YEARS R/AT TRUPTI APARTMENT NO.10, 1ST CROSS NANJAMMA LAYOUT MANORAYANAPALAY RT NAGAR POST BENGALURU - 32 …PETITIONER (BY SRI.PRAKASH M H, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M. S. BUILDING BENGALURU-560 001 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BANGALORE -560 001 3. ASSISTANT COMMISSIONER BANGALORE SUB DIVISION BANGALORE-560 001 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4715 WP No. 36283 of 2024 4. THE THASHILDAR NELAMANGALA TALUK BANGALORE DISTRICT-562123 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2, 3 AND 4 TO TAKE SUITABLE ACTION PURSUANT TO THE REPRESENTATION DTD. 07.11.2024 VIDE ANNX-M, N AND P AND TO RESTORE THE VILLAGE ROAD VIDE ANNX-E 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 In the captioned writ petition, the petitioner is seeking writ in the nature of mandamus against respondent Nos.2 to 4 to take suitable action pursuant to the representation dated 07.11.2024 vide Annexures-M, N, P and restore the village road vide Annexure-E. 2. Heard the learned counsel for the petitioner and the learned AGA. - 3 - NC: 2025:KHC:4715 WP No. 36283 of 2024 3. The petitioner, who is an agriculturist, has owned agricultural land in Sy. No.22/1/C/2 (Old Sy. No.22/1-C) measuring 3 acres 17 guntas and 6 guntas in Sy. No.22/4 (Old Sy. No.22/1/A), both lands situated at Geddalahalli Village, Nelamangala Taluk, Bangalore Rural District. 4. The petitioner asserts that the two lands in question are abutting each other, and the petitioner has acquired title to them through the Gift Deed dated 28.03.2022. The petitioner has submitted a representation to the Revenue Authorities, as per Annexure-E, citing the Village Map, which categorically depicts the existence of a public Cart Road. It is the petitioner's contention that this road, which has historically been used by agriculturists for transportation of agricultural produce, farm equipment, and essential supplies, is being unauthorizedly obstructed by certain villagers, thereby causing severe inconvenience to the petitioner and other agriculturists in the vicinity. 5. The petitioner submits that the Cart Road in question has been an essential access route for farmers, - 4 - NC: 2025:KHC:4715 WP No. 36283 of 2024 enabling them to transport their harvest and agricultural inputs without hindrance. Any obstruction to such roads not only affects the petitioner’s rights but also impinges upon the fundamental rights of agriculturists, who rely on unhindered access to these pathways for their livelihood. Given that agricultural lands are inherently dependent on accessibility, particularly for tractors, bullock carts, and other farming vehicles, it is imperative that such roads remain free from encroachments or unauthorized obstructions. 6. In light of these facts, the petitioner has approached this Court seeking relief, emphasizing that it is the duty of the Revenue Authorities to ensure that public Cart Roads, as recorded in the Village Map, remain unobstructed and accessible for agricultural purposes. The petitioner has therefore requested the intervention of this Court to direct the authorities to take appropriate action to remove all unlawful obstructions, thereby safeguarding the - 5 - NC: 2025:KHC:4715 WP No. 36283 of 2024 rights of agriculturists and landowners who depend on these roads for their daily farming activities. 7. Learned AGA, on instructions, submits that the complaint lodged by the petitioner by way of representation is taken note of by the Authorities and she would further ensure that all obstructions will be cleared within two months after conducting survey. 8. Recording her assurance, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent Nos.3 and 4 are hereby directed to act on the representation dated 07.11.2024, vide Annexures-M, N, and P, submitted by the petitioner. They shall take necessary steps to ensure that the public Cart Road, as reflected in the Village Map, remains free from unauthorized obstructions and is accessible for agricultural and other legitimate purposes. - 6 - NC: 2025:KHC:4715 WP No. 36283 of 2024 (iii) The respondents shall strictly adhere to the procedure contemplated under Section 67 of the Karnataka Land Revenue Act in removing all obstructions. If required, a proper survey shall be conducted in accordance with the law to ascertain and demarcate the public Cart Road to prevent further encroachments. (iv) This exercise shall be completed by respondent Nos.3 and 4 within a period of two months from the date of receipt of a certified copy of this order. The authorities shall take all necessary steps to ensure compliance and shall submit a report upon completion of the exercise. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 46