- 1 - HC-KAR NC: 2025:KHC-D:7587 WP No. 102489 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102489 OF 2025 (GM-RES) BETWEEN: 1. G. ANJINAYYA S/O. G. HANUMANTHAPPA, AGED ABOUT 59 YEARS, OCC: AGRICULTURAL COOLIE, R/O. KARCHEDU ROAD, VANNENUR, BALLARI-583117. 2. G. MALLESHAPPA S/O. HANUMANTHAPPA, AGED ABOUT 45 YEARS, OCC: AGRICULTURAL COOLIE, R/O. MAIN ROAD, VANNENUR, KARCHEDU ROAD, BALLARI-583117. 3. GURUPADANAGOUDA S/O. MAHADEVANAGOUDA, AGED ABOUT 59 YEARS, OCC: AGRICULTURAL COOLIE R/O. 209, ANJENEYA TEMPLE BACKSIDE, GUDUR ROAD RIGHT SIDE HOUSES, VANENOORU, BALLARI-583117. …PETITIONERS (BY MISS RANJITA REDDY, ADVOCATE FOR SRI. Y. LAKSHMIKANT REDDY, ADVOCATE) And: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PUBLIC PROSECUTOR, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE TASHILDAR, BALLARI TALUK & DISTRICT-583101. 3. PANCHAYAT DEVELOPMENT OFFICER (PDO), VANENOORU, BALLARI-583117. 4. THE EXECUTIVE ENGINEER (RURAL), PWD, BALLARI-583101. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1, R2 & R4; SRI. SHIVARAJ HIREMATH, ADVOCATE FOR R3) CHANABASAPPA K KALLUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7587 WP No. 102489 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT, DIRECTION, ORDER OR ORDERS IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DEMOLISH THE RESIDENTIAL HOUSES WITH DUE PROCESS OF LAW BY CONSIDERING REPRESENTATIONS DATED 15-01-2025 AND 29-01-2025 AS PER ANNEXURE-D AND F AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) 1. Learned counsel submits that she has paid the deficit court fee. The same is accepted. 2. Heard learned counsel Miss.Ranjita Reddy on behalf of learned counsel Sri.Y.Lakshmikant Reddy for the petitioners, learned AGA for respondent Nos.1 and 2 and the learned counsel Sri.Shivaraj Hiremath for respondent No.3. 3. This petition is filed by the petitioners seeking a writ of mandamus for a direction to the respondents not to demolish their residential houses without due process of law and to consider the representation dated 15.01.2025 and 29.01.2025. - 3 - HC-KAR NC: 2025:KHC-D:7587 WP No. 102489 of 2025 4. It is the case of the petitioners that they are the absolute owners of the properties bearing H.Nos.312, 311 and 221 situated at Vanenooru, Ballari and that the properties are ancestral properties. There are in peaceful possession and enjoyment of the same since more than 50 years. It is further contented that they are regularly paying property tax, electricity bills and water bills etc., of the respective families without any interruption and interference. The petitioners are agricultural coolies and the houses mentioned hereinabove are only the place of shelter for them. This being the state of affairs, on 21.12.2024, respondent-authorities without giving any notice or intimation to the petitioners, have marked the houses of the petitioners for the purpose of widening of the road. Aggrieved by the same, the petitioners filed representation dated 15.01.2025 and 29.01.2025 to the respondent-authorities, requesting not to demolish their houses without following the due process of law. It is the grievance of petitioners that despite the representation - 4 - HC-KAR NC: 2025:KHC-D:7587 WP No. 102489 of 2025 given by them, the authorities are not acting in accordance with law by following the due process of law and they are making hectic efforts to demolish their houses without adverting to the process of law. Hence, the present petition. 5. Learned counsel for the respondent No.3 and the learned AGA representing the State submit that demolition has not yet taken place. All the other neighbouring adjacent landowners and residents have voluntarily agreed to vacate their houses, which have since been demolished, except for the petitioners herein. It is also contended that the respondents would follow the procedure as contemplated in law and they would pursue further only in accordance with law and further submitted that the representation so filed by the petitioners would be considered in accordance with law. In view of the submission made by the learned counsel for the respondents, this matter can be disposed off. Accordingly, I pass the following: - 5 - HC-KAR NC: 2025:KHC-D:7587 WP No. 102489 of 2025 ORDER i. Petition is allowed. ii. The respondents are hereby directed to consider the representation of the petitioners dated 15.01.2025 and 29.01.2025 vide Annexures-D and F in accordance with law, providing proper notice and opportunity of hearing before proceeding further in the matter. iii. It is made clear that since it is residential houses belonging to these petitioners, there shall not be interference/dispossession without due process of law. iv. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 29