- 1 - HC-KAR NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17248 OF 2023 (GM-RES) C/W WRIT PETITION NO. 35919 OF 2024 (LB-RES) IN WP No. 17248/2023 BETWEEN: B. GEETHA SATHISH W/O B.A. SATISH AGED ABOUT 51 YEARS, R/A NAGARKATTE ROAD, VENKATESHWARA EXTENSION, CHINTAMANI - 563 125, CHIKKABALLAPURA DISTRICT. …PETITIONER (BY SRI. M.D. RAGHUNATH, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, OFFICE AT ACS ESTABLISHMENT 2ND GATE, 6TH FLOOR, M.S. BUILDING, BENGALURU - 560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGH WAY (HIGHWAY ADMINISTRATION), N.H. DIVISION, NO.14/3, 4TH FLOOR, CFC BUILDING, NRUPATHUNGA ROAD BENGALURU - 560 001. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 3. NATIONALS HIGHWAYS AUTHORITY INDIA, REPRESENTED BY ITS CHAIRMAN, G5 AND 6, SECTOR 10, DWARKA, NEW DELHI - 110 075. 4. THE CITY MUNICIPAL COUNCIL, CHINTAMANI, REPRESENTED BY ITS COMMISSIONER CHIKKABALLAPUR DISTRICT - 563 125. …RESPONDENTS (BY SRI. MOHMMED JAFFAR AHAH, AGA FOR R1; SRI. MANJUNATH B.R, ADVOCATE FOR R4; R2 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO REFRAIN THE R2 OR ANY OF HIS REPRESENTATIVES FROM DEMOLISHING THE SCHEDULE PROPERTY ALLOW THE WRIT PETITION ON COSTS AND ETC., IN WP NO. 35919/2024 BETWEEN: C. RAMACHANDRA S/O D.N. CHIKKAVENKATAPPA, AGED ABOUT 77 YEARS, M.G.ROAD, CHINTAMANI - 563 125. ...PETITIONER (BY SRI. R.V. ANAND, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY SECRETARY. 2. THE CHINTAMNI CITY MUNICIPALITY CHINTAMANI - 563 125, REPRESENTED BY COMMISSIONER. - 3 - HC-KAR NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 ...RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1; SRI. MANJUNATH B.R, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT BY PROHIBITING THE RESPONDENTS FROM DEMOLITION OF THE PETITIONERS PROPERTY/STAIRCASE/STEPS OR ANY PORTION OF THE PETITIONERS PROPERTY WITHOUT FOLLOWING DUE PROCESS OF LAW AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV COMMON ORAL ORDER The Petitioner has sought for issuance of the writ of mandamus by refraining Respondent No.2 or any of his representatives from demolishing the schedule property. It is the case of the Petitioner that efforts are on for widening of the road and markings have been made on the Petitioners properties. 2. It is submitted that in an identical factual matrix relating to the property in the same vicinity, this Court in W.P.No.17242/2023 and connected matters between N.S.VENKATESH v. UNION OF INDIA AND OTHERS had passed - 4 - HC-KAR NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 directions on 11.07.2025 and the present Petitions may be disposed off on same terms. 3. The observations made in the order in W.P.No.17242/2023 and connected matters reads as follows: "The property owners and the persons in possession have approached this Court in all the three matters seeking for directions by this Court prohibiting the respondents from taking possession and demolishing the properties of the petitioners without due process of law. 2. It is the case of the petitioners that the properties have been built for more than 70 years. It is stated that frequently the respondent- Authorities i.e., either the Highways Authority or the Municipality Authority have been making markings on the properties of the petitioners stating that the properties constitute encroachment on public property and are required to be demolished. 3. Learned Additional Government Advocate and counsel appearing for the National Highways Authority submits that they would follow the process under law as regards the petitioners, if they were to take action against the petitioner’s properties. The said submission is taken on record. 4. Learned Additional Government Advocate has filed a memo along with communication by the office of the Executive Engineer, NH Division, Bengaluru addressed to the State Counsel. 5. Perusal of the same would also indicate the stand of the National Highways Authority as well - 5 - HC-KAR NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 that they would take action after following due process of law. It is necessary to notice that the encroachment of the public property if any, either as put forth by the National Highways Authority or the Municipal Authority would require an enquiry as provided under the relevant statutes to find out if there is an encroachment. In such duly constituted enquiry, the respondents may put the petitioners on notice in the event of any encroachment of right of way or public property as the case may be. 6. It is only after such statutory exercise of power that the petitioners could be termed to be encroachers consequent to proceedings by the National Highways Authority or the Municipal Authority. The respondents authorities are at liberty to take action in accordance with law, subject to such observations. Petitions are disposed of, taking note of the stand of the respondents. 7. It is needless to state that if the enquiries are to be conducted by the respondents, in the event the case is made out by them that, there is an encroachment of public property, the petitioners and other affected persons may be afforded an opportunity of personal hearing in such enquiries. Accordingly, the petitions are disposed off subject to observations made." 4. Taking note of the observations made above, it would apply to the Petitioner in all aspects including as regards the observations made at paragraph Nos. 5 to 7. Therefore the present petitions are also disposed off on same terms and specifically in terms of directions at paragraph Nos. 5 to 7 in W.P.No.17242/2025 and connected matters as extracted above - 6 - HC-KAR NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 which are required to be adhered by the Respondents concerned. Accordingly, both the writ petitions are disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE Bsv List No.: 2 Sl No.: 24 CT: BHK