- 1 - HC-KAR NC: 2025:KHC-D:7925 WP No. 106922 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 23RD DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 106922 OF 2024 (GM-RES) BETWEEN: 1. BABU NAIK S/O. HOBYYA NAIK, AGE: 50 YEARS, OCC: PRIVATE JOB, R/O. #293, 3RD WARD, NEAR KALYANAMANTHAPPA, B. BELAGAL TANDA, VILLAGE BELAGAL, TQ: HAGARIBOMMANAHALLI, DIST: BALLARI-583115. 2. RAMESH S/O. SOMALA NAIK, AGE: 38 YEARS, OCC: PVT. JOB, WARD NO.29, T.B. SYANITORIUM, RAMANJNEY NAGAR, BALLARI-583101. 3. SHAKAMMA W/O. PURUSHOTHAMMA, AGE: 30 YEARS, OCC: PVT. COOLIE, T V SENTAR NEAR RAMANJINEYA TEMPLE, BALLARI-583101. 4. R. PURUSHOTHAMMA S/O. RAMAYYA, AGE: 41 YEARS, OCC: NIL, WARD NO.29, NEAR S M P S SCHOOL T B SANITORIUM, BALLARI-583101. 5. M. SUDHA W/O. RAJESHEKAR, AGE: 47 YEARS, OCC: NIL, HOUSE NO.203/5 WARD NO.29, T B SANITORIUM, BALLARI-583101. …PETITIONERS (BY SRI. M.B. RADDI AND SRI. A.R. ANGADI, ADVOCATES) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:7925 WP No. 106922 of 2024 AND: 1. THE DISTRICT COMMISSIONER, BALLARI-583101. 2. THE COMMISSIONER, TOWN CORPORATION, BALLARI-583101. 3. THE DIRECTOR, VIMS HOSPITAL, BALLARI-583104. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA FOR R1; SRI. G.M. ANILKUMAR, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO (i) ISSUE A WRIT OF MANDAMUS TO CONSIDER THE REPRESENTATION DATED 18-05-2024 WHICH IS MADE BY PETITIONERS VIDE ANNEXURE-E. (ii) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 TO RECOGNIZE THE PETITIONERS REPRESENTATION AS USUAL WAY OF RIGHT OF PUBLIC AND ALLOW THE GATE KEEP OPEN FOR EVER 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. Heard learned counsel for the petitioners. Learned AGA takes notice for respondent No.1. Learned counsel Sri.G.M.Anilkumar is directed to take notice for respondent No.2. This Court does not find the need to - 3 - HC-KAR NC: 2025:KHC-D:7925 WP No. 106922 of 2024 issue notice to the respondent No.3 as this petition is not accepted. 2. Present petition is filed by the petitioners seeking the right of way against the respondent No.3, which is a Medical College Hospital. 3. The averments made in the present petition appear to be in the form of a Public Interest Litigation for use of way to the petitioners, neighbouring residents and owners of the locality. Under the circumstances, present petition may not be maintainable as the petitioners will have to file Public Interest Litigation for the relief that is sought for in the present petition or in the alternative, to file a suit claiming easementary right of way. Under the circumstances, I pass the following: ORDER i. Petition is disposed off reserving liberty to the petitioners to file appropriate petition - 4 - HC-KAR NC: 2025:KHC-D:7925 WP No. 106922 of 2024 before the appropriate forum/Court for the relief sought herein. ii. All contentions are kept open. iii. Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE KGK CT-MCK List No.: 1 Sl No.: 4