Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38169-DB WP No. 26381 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 26381 OF 2025 (GM-RES-PIL) BETWEEN:
1.
SRI CHANDRU B.A.
S/O. LATE ASHWATHAPPA HINDU, AGED ABOUT 30 YEARS R/AT NO.10, BYRAPURA VILLAGE ARAKERE POST BANGALORE - 562 163.
2.
SRI BHEEMRAJ B.M.
S/O. MUNIRAJ HINDU, AGED ABOUT 34 YEARS R/AT BYRAPURA VILLAGE ARAKERE POST BANGALORE - 562 163.
…PETITIONERS (BY SRI K MURTHY, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT, VIKAS SOUDHA DR. AMBEDKAR VEEDHI BANGALORE - 560 001.
Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:38169-DB WP No. 26381 of 2025
2.
THE DEPUTY COMMISSIONER, BANGALORE DISTRICT BANGALORE - 560 001.
3.
THE TAHASILDHAR, BANGALORE DISTRICT BANGALORE - 560 001.
4.
THE PANCHAYATH DEVELOPMENT OFFICER YELAHANKA TALUK YELAHANKA BANGALORE DISTRICT.
5.
SRI SIDDARAJU S/O. PUJARI LAKSHMAIAH HINDU, AGED ABOUT 52 YEARS R/AT BYRAPURA VILLAGE ARAKERE POST BANGALORE - 562 163.
6.
SMT. BHAGYAMMA W/O. LATE L. RAJANNA HINDU, AGED ABOUT 61 YEARS R/AT BYRAPURA, ARAKERE BANGALORE - 561 203.
7.
SRI R. MANJUNATH S/O. LATE L. RAJANNA HINDU, AGED ABOUT 33 YEARS R/AT BYRAPURA, ARAKERE BANGALORE - 561 203. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION)
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HC-KAR NC: 2025:KHC:38169-DB WP No. 26381 of 2025
RULES 2018 PRAYING TO ISSUE WRIT OF MANDAMUS/DIRECTION, DIRECTING THE RESPONDENT NO.1 TO 4 TO REMOVE THE OBSTACLES AS FOUND IN PHOTOGRAPHS AT ANNEXURES-K1 TO K4 CAUSED BY THE RESPONDENT NO.5 TO 7 ON THE PUBLIC NAKASHA ROAD VERTICALLY LEADING FROM BYRAPURA VILLAGE TO BUDAMANAHALLI VILLAGE IN SY.NO.4/3B OF BYRAPURA VILLAGE MEASURING 37 GUNTAS, HESARAGHATTA-2 HOBLI, YELAHANKA TALUK, BY CONSIDERING THE REPRESENTATIONS AT ANNEXURES-J3 DATED 29/07/2025 AND ANNEXURES-J4 TO J7 ALL ARE DATED 11/08/2025 AND FURTHER PRAYS TO PASS SUCH OTHER
ORDER/DIRECTIONS AGAINST THE RESPONDENTS IN ACCORDANCE WITH LAW BY PUNISHING THE RESPONDENTS NO.5 TO 7 AS PER LAW & ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. Issue notice.
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HC-KAR NC: 2025:KHC:38169-DB WP No. 26381 of 2025
2. Learned Additional Government Advocate accepts notice for respondent Nos.1 to 3.
3. The petitioners have filed the present petition as a public interest litigation, inter alia claiming that respondent Nos.5 to 7 are raising unauthorised construction on a public road leading from Byrapura village to Budamanahalli village in Survey No.4/3B of Byrapura village measuring 37 guntas, Hesaraghatta-2 Hobli, Yelahanka Taluk.
4. The petitioners state that they have also made representation to the concerned authorities. However, the same has not been considered.
5. In view of the above, we consider it apposite to direct the respondent No.3 to examine the representation of the petitioners and if it is found that any unauthorised construction is being raised on the public road, the concerned authority shall take necessary steps, in accordance with law.
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HC-KAR NC: 2025:KHC:38169-DB WP No. 26381 of 2025
6. The petition is disposed of with the aforesaid observation.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
KS List No.: 1 Sl No.: 14