- 1 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH 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. 5156 OF 2024 (GM-RES-PIL) BETWEEN: 1. SRI H S MALLESHAPPA S/O SHIVAMALLAPPA AGED ABOUT 43 YEARS EX-PRESIDENT OF CHOWLAHIRIYURU GRAMA PANCHAYAT 2. SRI H C SHIVASHANKAR S/O CHANDRAPPA AGED ABOUT 57 YEARS EX-PRESIDENT AND PRESENT MEMBER OF CHOWLAHIRIYURU GRAMA PANCHAYAT 3. SRI NIJAGUNA S/O SHEKARAPPA AGED ABOUT 42 YEARS 4. SRI SANDEEPA K M S/O LATE MANJUNATH AGED ABOUT 40 YEARS EX-PRESIDENT AND PRESENT MEMBER OF CHOWLAHIRIYURU GRAMA PANCHAYAT 5. SRI H R MALLIKARJUNAPPA S/O RAJASHEKARAPPA Digitally signed by VASANTHA KUMARY B K Location: High Court of Karnataka - 2 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 AGED ABOUT 43 YEARS PRESIDENT OF VSSN SOCIETY 6. SRI H M YATHISHA S/O MARULASIDDAPPA AGED ABOUT 45 YEARS EX-PRESIDENT AND PRESENT MEMBER OF CHOWLAHIRIYURU GRAMA PANCHAYAT 7. SRI H S MALLIKARJUNA S/O LATE SHANMUKAPPA AGED ABOUT 45 YEARS 8. SRI S D SOMESHWARA SWAMY S/O DAKSHINAMURTHY AGED ABOUT 51 YEARS AGRICULTURIST PETITIONERS ARE RESIDING AT CHOWLAHIRIYURU VILLAGE CHOWLAHIRIYURU HOBLI KADUR TALUK-577 180 CHIKKAMAGALURU DISTRICT …PETITIONERS (BY SRI PRUTHVI WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA AMBEDKAR VEEDHI BANGALORE-560 001 REP BY ITS CHIEF SECRETARY 2. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT - 3 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 M.S. BUILDING AMBEDKAR VEEDHI BANGALORE-560 001 3. THE PRINCIPAL SECRETARY R.D.P.R. DEPARTMENT M.S. BUILDING AMBEDKAR VEEDHI BANGALORE-560 001 4. THE PRINCIPAL SECRETARY MINOR IRRIGATION DEPARTMENT VIKAS SOUDHA BANGALORE-560 001 5. THE DIRECTOR KARNATAKA TANK CONSERVATION AND DEVELOPMENT AUTHORITY GROUND FLOOR BEEJA BHAVAN BELLARY ROAD HEBBAL BANGALORE-560 024 6. THE DEPUTY COMMISSIONER DISTRICT FIELD ROAD VIJAYA NAGAR CHIKKAMAGALURU KARNATAKA-577 101 7. THE EXECUTIVE OFFICER ZILLA PANCHAYATH CHIKKAMAGALURU KARNATAKA-577 101 8. THE SUPERINTENDENT OF POLICE CHIKKAMAGALURU KARNATAKA-577 101 - 4 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 9. THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT CHIKKAMAGALURU KARNATAKA-577 101 10. THE ASSISTANT COMMISSIONER TARIKERE SUB-DIVISION TARIKERE CHIKKAMAGALURU DISTRICT 11. THE TAHASILDHAR KADUR TALUK KADUR CHIKKAMAGALURU DISTRICT-577 548 12. THE STATION HOUSE OFFICER YAGATI POLICE STATION YAGATI KADUR TALUK CHIKKAMAGALURU DISTRICT-577 180 13. THE PANCHAYAT DEVELOPMENT OFFICER CHOWLAHIRIYUR GRAMA PANCHAYAT KADUR TALUK CHIKKAMAGALURU DISTRICT-577 180 14. SRI AJJAIAH WODEYAR S/O BASSAIAH WODEYAR AGED ABOUT 62 YEARS 15. SRI MALLESHAPPA S/O LATE JADE SIDDAPPA AGED ABOUT 53 YEARS OCC: TEACHER - 5 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 16. SRI MALLESHAPPA S/O NANJUNDAPPA AGED ABOUT 53 YEARS OCC: TEACHER 17. SRI TAMMAIAH S/O LATE NANJUNDAPPA AGED ABOUT 53 YEARS OCC: TEACHER 18. SRI RUDRAPPA S/O CHIKKAN AGED ABOUT 54 YEARS OCC: TEACHER 19. SRI BASAVARAJ S/O LATE SIDDARAMAPPA AGED ABOUT 57 YEARS 20. SRI KRISHNAMURTHY S/O THIMMAPPA AGED ABOUT 44 YEARS 21. SRI KRISHNAMURTHY S/O KARIDASAPPA AGED ABOUT 46 YEARS 22. SRI BAVI SIDDAPPA S/O VENKATESHAPPA AGED ABOUT 52 YEARS 23. SRI SIDDARAMAPPA S/O BOGAPPA AGED ABOUT 42 YEARS RESPONDENT NOS.14 TO 23 ARE RESIDING AT CHOWLAHIRIYURU VILLAGE - 6 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 CHOWLAHIRIYURU HOBLI KADUR TALUK-577 180 CHIKKAMAGALURU DISTRICT …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO 6 & R-8 TO 12; SRI V RAGHUNATH, ADVOCATE FOR R-5; SRI ASHOK N NAYAK, ADVOCATE FOR R-7 & 13; SRI H KANTHARAJA, SENIOR ADVOCATE A/W SRI C T PARAMESHWARAPPA, ADVOCATE FOR R-14 TO 21 & 23; R-22 IS SERVED & UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 12 TO REMOVE THE ENCROACHMENT/CLEAR THE ROAD WHICH IS ILLEGALLY CONSTRUCTED IN THE MIDDLE OF THE TANK SITUATED IN SY.NO.5 MEASURING 102 ACRES 33 GUNTAS OF CHOWLAHIRIYURU VILLAGE, CHOWLAHIRIYURU HOBLI, KADUR TALUK, CHIKKAMAGALURU DISTRICT AND PREVENT ITS RECURRENCE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 7 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. Pruthvi Wodeyar for the petitioners, learned Additional Government Advocate Smt. Niloufer Akbar for respondent Nos.1 to 6 and 8 to 12, learned Senior Advocate Mr. H. Kantharaja with learned advocate Mr. C.T. Parameshwarappa for respondent Nos.14 to 21 and 23, learned advocate Mr. V. Raghunath for respondent No.5 and learned advocate Mr. Ashok N. Nayak for respondent Nos.7 and 13. Respondent No.22, though served with the notice of the court, has chosen not to appear. 2. The petitioners, eight in numbers, are the residents of Chowlahiriyuru Village, Kadur Taluka, Chikkamagaluru District. They also plead themselves to be the agriculturists. In this public interest petition, it is the case of the petitioners that Survey No.5 admeasuring 102 Acres and 33 Guntas in the village is reserved as - 8 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 government Kere and that the tank is used by the villagers for agricultural and drinking purposes. The said tank has water storage capacity of 12.20 million cubic feet and water covered area of 60 Hectares, it is stated. 3. The grievance of the petitioners is that on 31.12.2023, the private respondent Nos.14 to 23 formed a road in the middle of the tank by removing the mud using JCB, tipper and lorries without obtaining any prior permission from the departments concerned. It is stated that the Engineer of the Minor Irrigation Department lodged a complaint, but nothing yielded. It is further stated that FIR was also lodged against the said respondents. Records are produced showing that there is a road constructed in the middle of the tank. 3.1 With such pleadings, the petitioners prayed to direct respondent Nos.1 to 12-authorities to remove the encroachment and clear the road which is illegally constructed in the middle of the tank in question. Prayer is also made to direct the authorities to take action against respondent Nos.14 to 23 under the provisions of the Karnataka Tank Conservation and Development Authority Act, 2014. There is yet another prayer to direct respondent No.6- - 9 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 the Deputy Commissioner, Chikkamagaluru, to recover damages from the said private respondents. 4. During the hearing of the petition, the following order was passed on 27.06.2024, "Today when the petition comes up for consideration, learned Additional Government Advocate Mrs. Niloufer Akbar fairly stated that she has instructed the authorities to ensure that the bund is removed and the lake area is kept made open. However, it was submitted that due to rain, the work of removal of bund is obstructed. She seeks further two weeks' time to take necessary steps and instructions." 4.1 Thereafter, on 14.11.2024, the statement was recorded that the tank was filled with water due to rains and that the bund/embankment in question, which is a road allegedly constructed unauthorisedly by way of encroachment, has submerged in water. It was stated by learned Additional Government Advocate that it would be possible to remove the same only after the water recedes. - 10 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 5. Today when the petition came up for consideration, learned Additional Government Advocate produced the photographs which depicted that the unauthorised bund which was constructed in the middle of the tank, has now been removed. Also produced is the copy of the communication dated 10.02.2025 from the Assistant Executive Engineer, Minor Irrigation and Groundwater Development Sub-division, Chikkamagaluru addressed to the Executive Engineer, Minor Irrigation and GWD Division, Hassan, in which it is stated that since the local villagers had illegally formed an embankment in the courtyard of the tank located at Sy.No.5, the site was inspected on 09.11.2024 pursuant to the present public interest proceedings. 5.1 At that time, it was stated that since both the banks of the unauthorised embankment were flooded, removal was not possible. Accordingly, the report was submitted. It is stated now that the unauthorised bund constructed by the local villagers has been removed with the help of Hitachi and Tipper machineries on 08.02.2025, 09.02.2025 and 10.02.2025 which was done in presence of the officials of the Revenue Department, the police personnel and the officers of the Minor Irrigation Department. The - 11 - NC: 2025:KHC:8023-DB WP No. 5156 of 2024 photographs which are produced along with the said communication show that the unauthorised bund is removed and the encroachment is cleared. 6. In the above view, nothing further survives in the present public interest petition. 7. With an observation that the authorities in charge of maintenance and upkeep of the tank would ensure that the bund is preserved for the purpose for which it exists and no encroachment is done in future, the present public interest petition is accordingly disposed of. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE BKV List No.: 1 Sl No.: 87