IN THE HIGH COURT OF KARNATAKA, AT BENGALURU DATED THIS THE 04TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MR.N.V.ANJARIA CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.3134/2021(LB-RES-PIL) BETWEEN 1. DR. BASAVARAJ ASHOK BHINGE, S/O. ASHOK RACHAPPA BHINGE, AGE: 33 YEARS, C/O. MADHUMATHI PATIL, OPPOSITE: BLD ENGINEERING COLLEGE, VIDYANAGAR, VIJAYAPURA -586103. 2. HANMANT MAHADEV BIRADAR, S/O.MAHADEV BIRADAR, AGE: 35 C/O.B.R.PATIL, WARD NO.4, NEW SHANTHINIKETAN SCHOOL ROAD, OPP: BLDE ENGINEER COLLEGE, VIDYANAGAR, BIJAPUR-586103. PETITIONER/S (BY SRI./SMT.: H.C.SHIVARAMU, ADVOCATE) AND 1. STATE OF KARNATAKA, BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560001. 2. DEPUTY COMMISSIONER, VIJAYAPURA DISTRICT, VIJAYAPURA-586101. 3. ARCHAELOGICAL SURVEY OF INDIA, VIJAYAPURA EAST, VIJAYAPURA. BY ITS CURATOR – 586 101. W.P.NO.3134/2021 2 4. VIJAYAPURA MUNICIPAL CORPORATION, VIJAYAPUR, BY ITS COMMISSIONER, PIN: 586 1010. 5. SUPERINTENDENT OF POLICE VIJAYAPURA DISTRICT, VIJAYAPURA-586101 PIN-5861010. 6. DIRECTOR GENERAL ARCHAEOLOGICAL SURVEY OF INDIA 24 TILAK MARG, NEW DELHI, PIN:110001. …RESPONDENT/S (AGA TAKE NOTICE FOR R1, 2 & 5 (MA NOT FILED) SRI.VARUN.J.PATIL AND A.MOHAMMED TAHIR ADVOCATES FOR R-4 SRI.GOWTHAM DEV C. ULLAL ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO I). ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS 1 TO 4 TO REMOVE THE ILLEGAL AND UNAUTHORIZED CONSTRUCTION OF HOUSES ON EITHER SIDE OF COLLEGE ROAD WHICH LEADS TO THE B.N.M. RURAL AYURVEDIC MEDICAL COLLEGE & HOSPITAL THE ABOVE SAID TRUST IS RUNNING SHRI SIDDESHWAR LAW COLLEGE, SHRI MALLIKARJUN SWAMIJI POST GRADUATE & RESEARCH CENTRE FROM ASHRAM ROAD SITUATED IN VIJAYAPUR AND RESTORE THE WIDTH OF THE SAID ROAD TO 50 FEET IN ACCORDANCE WITH THE MASTER PLAN AND PROTECT THE MONUMENT AS IT WAS IN EXISTENCE EARLIER TO ENCROACHMENT/ILLEGAL CONSTRUCTIONS THAT ARE PUT UP EITHER SIDE OF THE ROAD AND FOOTPATH ABUTTING TO BIJAPUR FORT AND KEEP THE ROAD FREE FROM ALL ENCUMBRANCES AND TO MAINTAIN HYGIENIC ATMOSPHERE AND ETC., THIS WRIT PETITION COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER. W.P.NO.3134/2021 3 CORAM: HON’BLE THE CHIEF JUSTICE MR.JUSTICE N.V.ANJARIA AND HON’BLE MR.JUSTICE M.I.ARUN ORAL ORDER (PER: HON’BLE THE CHIEF JUSTICE MR.JUSTICE N.V.ANJARIA) Three weeks' time is granted to remove the office objection, failing which the petition shall stand dismissed automatically without reference to or order of the Court. In the event the office objection is complied with, the petition shall be listed on 06.03.2025. Sd/- (N.V.ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE TYPED BY : SK CASE WORKER : SG COMPARED BY : SG COPY Sd/- ASSISTANT REGISTRAR