- 1 - HC-KAR NC: 2025:KHC:47238 WP No. 12524 of 2023 C/W WP No. 7972 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.12524 OF 2023 (GM-RES) C/W WRIT PETITION NO.7972 OF 2023 (GM-RES) IN WP No. 12524/2023 BETWEEN: 1. SRI. RANGAPPA S/O SANNA CHIKKEGOWDA AGED ABOUT 72 YEARS R/A KAREHALLI VILLAGE BAGUR HOBLI CHENNARAYAPATNA TALUK HASSAN DISTRICT-573201. …PETITIONER (BY SRI. LEELADHAR H.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY PRL SECRETARY PUBLIC WORKS DEPARTMENT M S BUILDING DR. AMBEDKAR ROAD BENGALURU -560001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:47238 WP No. 12524 of 2023 C/W WP No. 7972 of 2023 HASSAN-573201. 3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CHENNARAYAPATNA TALUK HASSAN DISTRICT-573201. 4. THE TAHSILDAR CHENNARAYAPATNA TALUK HASSAN DISTRICT-573201. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT IN THE FORM OF WRIT OF MANDAMUS RESTRAINING THE RESPONDENT FROM ENTERING INTO THE SCHEDULE PROPERTY AND NOT TO FORM ROAD ILLEGALLY AND UNAUTHORIZEDLY EXCEPT UNDER DUE PROCESS OF LAW OF ACQUISITION AND PAYMENT OF COMPENSATION; AND ETC. IN WP NO. 7972/2023 BETWEEN: 1. SRI. K.R. CHETHANKUMAR S/O RANGAPPA K C AGED ABOUT 43 YEARS R/AT KAREHALLI VILLAGE, BAGUR HOBLI, CHENNARAYAPATNA TALUK HASSAN DISTRICT-573201. 2. SRI. NINGEGOWDA S/O SIDDEGOWDA - 3 - HC-KAR NC: 2025:KHC:47238 WP No. 12524 of 2023 C/W WP No. 7972 of 2023 AGED ABOUT 60 YEARS R/AT KAREHALLI VILLAGE, BAGUR HOBLI, CHENNARAYAPATNA TALUK HASSAN DISTRICT-573201. ...PETITIONERS (BY SRI. LEELADHAR H.P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY PRINCIPAL. SECRETARY, PUBLIC WORKS DEPARTMENT, M S BUILDING DR. AMBEDKAR ROAD BENGALURU-560001. 2. THE DEPUTY COMMISSIONER HASSAN DISTRICT HASAN-573201. 3. THE ASSISTNAT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CHENNARAYAPATNA TALUK HASSAN DISTRICT-573201. 4. THE TAHSILDAR CHENNARAYAPATNA TALUK HASSAN DISTRICT-573201. ...RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING - 4 - HC-KAR NC: 2025:KHC:47238 WP No. 12524 of 2023 C/W WP No. 7972 of 2023 TO DIRECT IN THE FORM WRIT RESTRAINING THE RESPONDENT FROM ENTERING INTO THE SCHEDULE PROPERTY AND NOT TO FORM ROAD ILLEGALLY AND UNAUTHORIZEDLY EXCEPT UNDER DUE PROCESS OF LAW OF ACQUISITION AND PAYMENT OF COMPENSATION; AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In these writ petitions, petitioners have sought for a writ of mandamus directing the respondents not to enter the schedule property belonging to the petitioners and not to form road unauthorisedly except under due process of law. 2. I have heard Sri. H.P. Leeladhar, learned counsel for the petitioners and Sri. Mahantesh Shettar, learned Additional Government Advocate for the respondent - State and Sri. G.S. Balagangadhar, learned counsel for proposed respondents. 3. Sri. H.P. Leeladhar, learned counsel appearing for the petitioners submitted that the schedule land belonged to the - 5 - HC-KAR NC: 2025:KHC:47238 WP No. 12524 of 2023 C/W WP No. 7972 of 2023 petitioners and same was converted and therefore the respondent - authorities are unauthorisedly interfering with the peaceful possession of the land in question in the guise of formation of road and as such, sought for interference of this Court. 4. Per contra, Sri. Mahantesh Shettar, learned Additional Government Advocate for the respondents submitted that, the land in question which is claimed by the petitioners seeking to restrain the respondents not to form the road, is a 'B kharab' land, and the land is being used by general public as a road and in this regard, learned Additional Government Advocate submitted that the Government has taken a decision as per the Tender Notification and the Work Order has been issued to one Sri. K.A. Sathish, Class I Contractor for the purpose of formation of road and therefore, it is contended that, the writ petitions do not survive for consideration on the ground that disputed questions of fact are involved in these writ petitions. 5. Sri. G.S. Balagangadhar, learned counsel appearing for the proposed respondents in the impleading application in I.A.1/2025 submitted that the land in question being claimed - 6 - HC-KAR NC: 2025:KHC:47238 WP No. 12524 of 2023 C/W WP No. 7972 of 2023 by the petitioners in these writ petitions is being utilised by the Villagers as a road for reaching to their lands and as the petitioners are obstructing the movement of villagers in the land in question and accordingly, submitted that the writ petitions are required to be dismissed. 6. 6. Having heard the learned counsel appearing for the parties, on careful consideration of the averments made in the writ petitions would indicate that the petitioners are claiming right over the property in question and it is further stated that the property belonging to the petitioners cannot be utilised as a road without following the due process of law for acquisition. 7. Per contra, the averments made in the statement of objections filed by the respondents would indicate that the land in question which is claimed by the petitioners is situate in between the roads of Navilegate-Kabbali-Digada road to join T.D.H. Road which connects Hassan District and therefore, as it is contended by learned Additional Government Advocate and Sri. G.S. Balagangadhar, learned counsel for impleading applicants that there is already a road being utilised by the general public and in this regard, the Government has already - 7 - HC-KAR NC: 2025:KHC:47238 WP No. 12524 of 2023 C/W WP No. 7972 of 2023 invited tender and Work Order has been issued as per the averments made in the statement of objections at para 3 and therefore, I am of the view that, disputed questions of fact are involved in these writ petitions. Therefore, no interference is called for in these writ petitions. However, it is made clear that in the event if the land belonging to the petitioners is being utilised as a road, same shall be considered by the respondents for payment of compensation to the petitioners, in terms of the declaration of law made by the Hon'ble Supreme Court in the case of VIDYA DEVI Vs. THE STATE OF HIMACHAL PRADESH AND OTHERS reported in 2020 (2) SCC 569. 9. With the above observation, the writ petitions stand disposed of. In view of disposal of the matter, I.A.1/2025 filed for impleading proposed respondents is hereby rejected. I.A.2/2025 does not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 19