- 1 - HC-KAR NC: 2025:KHC:20828 WP No. 6068 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 6068 OF 2025 (LB-RES) BETWEEN: NACHIKETH B V AGED ABOUT 46 YEARS S/O LATE VIRUPAKSHAPPA, RESIDING AT "DHARMASHASTRA", HOLALKERE ROAD, NEAR KGID OFFICE, CHITRADURGA - 577 501. …PETITIONER (BY SRI. CHANDRASHEKAR P V.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA PUBLIC WORKS DEPARTMENT, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA - 577 501. 3. THE ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION, CHITRADURGA - 577 501. 4. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, Digitally signed by MOUNESHWARAPPA NAGARATHNA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:20828 WP No. 6068 of 2025 CHITRADURGA SUB DIVISION, CHITRADURGA - 577 501. 5. THE CITY MUNICIPAL COUNCIL, CHITRADURGA - 577 501 REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 TO R4; SRI. S. MAHESH., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE PETITIONER IS PEACEFUL POSSESSION AND ENJOYMENT OF THE SCHEDULE PROPERTIES IN ANY MANNER INCLUDING THE DEMOLISHING OF THE STRUCTURE/ SHEDS STANDING IN THEREON OR UTILIZATION OF THE SCHEDULE PROPERTIES OTHER THAN THROUGH DUE PROCESS OF LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner has sought for the following reliefs: (i) Issue a writ of prohibition or order/direction restraining the respondents from interfering with the petitioner is peaceful possession and enjoyment of the schedule properties in any manner including the demolishing of the structure/sheds standing in thereon or utilization of the schedule properties, other than through due process of law. - 3 - HC-KAR NC: 2025:KHC:20828 WP No. 6068 of 2025 (ii) Issue a writ or order/direction or any other appropriate writ declaring that, the action of the respondents to demolish/utilization of the schedule properties without following the due process of law in one without jurisdiction and any Authority of law. (iii) Issue any other relief or relief/s and pass such other orders as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity. 2. Heard the learned counsel appearing for the petitioner and the learned AGA appearing for Respondent Nos.1 to 4 and the learned counsel appearing for Respondent No.5. 3. Petitioner is apprehending that Respondent No.5 is attempting to demolish petitioner's property under the guise of implementing road widening project. 4. The counsel appearing for the fifth respondent has brought to the notice of this Court that this issue is decided by the Co-ordinate Bench pertaining to the same street. The judgment is placed on record. 5. Having heard the learned counsels for the parties and upon perusal of the material placed on record, - 4 - HC-KAR NC: 2025:KHC:20828 WP No. 6068 of 2025 this Court has bestowed its anxious consideration to the judgment rendered by the Co-ordinate Bench in Writ Petition No. 9790 of 2025 (LB-RES), which places reliance on the directions issued in W.P.Nos.13698-700 of 2019. The relevant directions contained in paragraphs 6 to 9 of the said judgment, are extracted and relied upon for the purposes of the present case: "6. Heard learned counsel appearing for both the sides. In view of undisputed facts, after hearing both the sides, the matter is considered as below:- The proposal to widen Bengaluru-Dharwad Road by the respondents is sought to be implemented. Insofar as private rights of the petitioners, who rely on their documents of title, the same is a matter to be taken note of by the respondent Authorities. However, it is the contention of respondents that in many of the cases, the petitioners have encroached upon public property including the road and hence, are not entitled to the reliefs as sought for. For the purpose of a settled procedure to carry out the activity of road widening, the following procedure is prescribed:- (a) Notices are to be issued to the petitioners and the notices must prescribe necessary details, including the extent of the property of the petitioners that is required for the proposed road widening activity, calling upon the petitioners to submit their documents of title and other records - 5 - HC-KAR NC: 2025:KHC:20828 WP No. 6068 of 2025 relating to ownership and enjoyment of the properties. The respondent Authorities to conduct an appropriate enquiry under Section 82 of the Karnataka Municipalities Act, 1964 (‘the Act’ for brevity), if it is found that there is a claim by the respondent Authorities as regards the properties of the petitioners. (b) After the statutory enquiry, in the event, the petitioners’ are found to have encroached the public properties, reasonable time to avail of the legal redressal could be granted before action is taken by the respondent Authorities in accordance with the enquiry concluded in terms of Section 82 of the Act. In the event, the properties are found to be private properties, the respondents are directed to acquire rights in accordance with Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 or in accordance with any other law as may be applicable with respect to acquisition of rights and interests of the properties of the petitioners. (c) It is also open to the respondent Authorities if they so decide to acquire rights through outright purchase through negotiations with the property owners in accordance with the procedure prescribed relating to the purchase of private properties. (d) It is also observed that the respondent Authorities are required to take note of the provisions contained in Chapter-IX of the Act relating to prescribing of building lines. If such building lines have not yet been prescribed, necessary steps to be taken. 7. The above directions are passed taking note of the order dated 23.03.2016 passed by this Court in Writ Petition Nos.50600-50602/2014 (LA- RES), as well as the judgment dated 18.03.2019 passed by Division Bench in Writ Appeal Nos.4296- - 6 - HC-KAR NC: 2025:KHC:20828 WP No. 6068 of 2025 4299/2015 and 4300-4303/2015 and further, the directions passed in Writ Petition Nos.30738- 30757/2018 and connected petitions vide order dated 14.01.2019. 8. Subject to the above observations, these writ petitions are disposed of, reserving liberty to the respondent Authorities to take necessary action in accordance with law and in light of the observations made hereinabove for making use or acquiring the rights and interests of the properties of the petitioners. 9. The respondent Authorities are also to keep in mind the procedure prescribed in the Circular dated 23.09.2016 vide No.£ÀCE 28 nJ0r 2016 while resorting to the road widening activity." 6. In view of the fact that the issue raised in the present petition stands substantially covered by the aforesaid decision of the Co-ordinate Bench, and in light of the directions already issued therein, this Court deems it appropriate to dispose of the present petition by issuing the following directions: i) The fifth respondent is directed to strictly follow the procedure as delineated in the extracted directions of the Co-ordinate Bench. - 7 - HC-KAR NC: 2025:KHC:20828 WP No. 6068 of 2025 ii) It is clarified that the respondent authorities shall be at liberty to conduct an enquiry into any alleged violation of the 'No Construction Zone' restrictions, as per the Government Circular dated 22.12.2005. iii) However, in the event the petitioner is found to have encroached upon or violated the 'No Construction Zone' norms, a summary enquiry shall precede any adverse action, and a notice shall be issued to the petitioner affording an opportunity to respond before arriving at any conclusion. iv) Further, it is made explicit that no precipitative or coercive action shall be taken by the respondent authorities, and the petitioner's possession over the subject property shall not be disturbed unless and until the aforementioned procedural safeguards are duly complied with. - 8 - HC-KAR NC: 2025:KHC:20828 WP No. 6068 of 2025 In terms of the above directions, the writ petition stands disposed of. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE DH List No.: 1 Sl No.: 9