- 1 - NC: 2025:KHC:720 WP No. 35216 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 35216 OF 2024 (LA-RES) BETWEEN: 1. SMT. ANJALA NIRMALA, W/O.LATE. SAGAYARAJ B, AGED ABOUT 57 YEARS, R/AT NO.304, WARD NO.29, SIDLAGHATTA ROAD, CHAMARAJAPETE, CHIKKABALLAPURA-562 101. 2. SMT.MEGHA SHEETHAL S, D/O.LATE. SAGAYARAJ B, W/O.BALACHANDRU, AGED ABOUT 38 YEARS, R/AT RANGAPPA GARDEN, T.C.PALYA, K.R.PURAM, BANGALORE-560 036. 3. GRECILDA JENIPHAR, D/O. LATE. SAGAYARAJ B, W/O. YESU RAJ, AGED ABOUT 35 YEAR, R/AT NO.14, GOKUMTE, MULUBAGIL, KOLAR DISRICT-563 131. …PETITIONERS (BY SRI. MURTHY K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY OF GOVERNMENT VIDHANA SOUDHA, BANGALORE-560 001. Digitally signed by SUMA B N Location: High Court of Karnataka - 2 - NC: 2025:KHC:720 WP No. 35216 of 2024 2. THE OFFICE OF THE ASSISTANT EXECUTIVE ENGINEER, NATIONAL HIGHWAY SUB-DIVISION, CHIKKABALLAPURA- 562 103. 3. SPECIAL LAND ACQUISITION OFFICER AND COMPETENT AUTHORITY NATIONAL HIGHWAY, K.R. CIRCLE BANGALORE-560 001. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N. HCGP FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ORDER/DIRECTION TO THE RESPONDENTS NOT TO ACQUIRE OR DEMOLISH PETITION TO EDULE PROPERTY BELONGS TO PETITIONERS, WITHOUT FOLLOWING THE DUE PROCESS OF LAW AND FURTHER TO GIVE REASONABLE OPPORTUNITY TO PETITIONER TO FILE THEIR OBJECTIONS, TO SUCH ACQUISITION AND TO PASS AN AWARD IN ACCORDANCE WITH LAW FOR THE COMPENSATION AMOUNT PAYABLE TO THE PETITIONERS AND NOT TO DISPOSSESS THEM AND THEIR FAMILY MEMBERS FROM THE SCHEDULE PROPERTY EXCEPT IN ACCORDANCE WITH LAW BY WAY OF WRIT OF MANDAMUS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.G.S. KAMAL ORAL ORDER Learned AGA undertakes to appear for respondent Nos.1 to 3. 2. Petitioners are before this Court seeking following reliefs: - 3 - NC: 2025:KHC:720 WP No. 35216 of 2024 ''i. To order/direction to the respondents not to acquire or demolish petition schedule property belongs to petitioners, without following the due process of law and further to give reasonable opportunity to petitioners to file their objections, to such acquisition and to pass an award in accordance with law for the compensation amount payable to the petitioners and not to dispossess them and their family members from the schedule property except in accordance with law by way of writ of Mandamus, ii. Award costs and such other reliefs as the Honourable Court deems fit to grant in the circumstances of the case, including the cost of the above proceedings, in the interest of justice and equity.'' 3. The case of the petitioners is that they are the absolute owners of property bearing assessment No.756/1/994, ward No.29, Sidlaghatta main road, Chamrajapete, Chikkaballapura Town, measuring East to West 30 Feet and North to South 60 Feet consisting of residential and commercial units in the ground and first floor belonging to the petitioners. It is further case of the petitioners that the respondent-Authority without acquiring the property in the manner known to law and without even providing an opportunity to file objections or passing the award in accordance with law, are seeking to dispossess - 4 - NC: 2025:KHC:720 WP No. 35216 of 2024 the petitioners from the aforesaid property. Hence, the petition. 4. Learned counsel for the petitioners after arguing the matter for sometime refers to the orders of the Co- ordinate Bench of this Court in W.P.No.25258/2024, W.P.No.25339/2024 and W.P.No.27316/2024 and seeks disposal of the petition on similar terms. 5. Learned AGA submits that they would provide sufficient opportunity to the petitioners and after following the due process would acquire the land in accordance with law. 6. Submissions taken on record. 7. Since the persons similarly situated with that of the petitioner have been granted reliefs as seen by orders passed by the Co-ordinate Bench of this Court produced at Annexures-L, L1 and L2, this Court is of the considered view that the present petition also needs to be disposed of - 5 - NC: 2025:KHC:720 WP No. 35216 of 2024 on similar lines. Accordingly, the same is disposed of with the following: ORDER (i). Writ petition is disposed of. (ii). If the respondents intend to widen the road, liberty is reserved to the respondents to acquire the properties of the petitioners. (iii). It is made clear that, untill completion of the process in the manner known to law, the respondents or any other authority acting through or under the respondents shall not dispossess the petitioner without due process of law. Sd/- (M.G.S. KAMAL) JUDGE RL List No.: 1 Sl No.: 31