- 1 - HC-KAR NC: 2025:KHC:48456 WP No. 2469 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.2469 OF 2020 (GM-RES) BETWEEN: 1. SRI G ANIL KUMAR S/O M JAYAMURTHY AGED ABOUT 31 YEARS, R/A HOOVINAYAKANAHALLI BANDI KODIGEHALLI JALA HOBLI BENGALURU - 562 149. &PETITIONER (BY SMT. SIRI R., ADVOCATE FOR SRI. SARAVANA S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY PRINCIPAL SECRETARY TO THE REVENUE DEPARTMENT, VIDHANASOUDHA DR. B.R.AMBEDKAR VEEDHI BENGALURU - 560 001. 2. ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT DEVANAHALLI SUB-DIVISION, DEVANAHALLI BENGALURU - 562 110. Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48456 WP No. 2469 of 2020 3. THASHILDAR YELAHANKA BENGALURU NORTH TALUK BENGALURU - 560063. &RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO UNDERTAKE WORKS ON THE PROPERTY OF THE PETITIONER OR TO CAUSE DISPOSSESSION OF THE PROPERTY OF THE PETITIONER EXCEPT BY ACQUIRING THE SAME IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. In this writ petition, petitioner has sought for a writ of mandamus directing the respondent not to undertake work on - 3 - HC-KAR NC: 2025:KHC:48456 WP No. 2469 of 2020 the property of the petitioner or dispossess the petitioner from the schedule property which belongs to the petitioner. 2. Heard learned counsel appearing for the parties. 3. It is submitted by the learned counsel appearing for the petitioner by referring to the communication produced at Annexure-A, wherein the Executive Engineer of the respondent - authorities has addressed a letter to one Sri. M. Venkataramareddy, in respect of the improvement to be made to the road connecting the Kempegowda International Airport from State Highway No.104 with National Highway No.207. It is further submitted by the learned counsel appearing for the petitioner that the respondent shall not interfere with the possession of the property of the petitioner, without recourse to due process of law. 4. In this regard, learned Additional Government Advocate appearing for respondent - State sought to justify the Annexure-A by submitting that the respondent had issued the communication Annexure-A for the purpose of construction of road from State Highway No.104 till National Highway 207 and accordingly, sought for dismissal of the writ petition. - 4 - HC-KAR NC: 2025:KHC:48456 WP No. 2469 of 2020 5. Having heard the submissions made by the learned counsel appearing for the parties, on careful consideration of Annexure-A, would indicate that correspondence has been made between the Assistant Executive Engineer of respondent No.2 with one Sri. M. Venkataramareddy, in respect of the improvement to be made to the road connecting the Kempegowda International Airport from State Highway No.104 with National Highway No.207. 6. In the backdrop of the above aspects, having taken note of the submissions made by the learned counsel appearing for the parties, as nothing has been produced before this Court as to acquisition of the land of the petitioner by the respondent - authorities in respect of the construction of road, I am of the view that, the respondent has to take decision in the matter after affording opportunity of hearing to the petitioner in respect of the land belonging to the petitioner if at all being acquired for construction / improvement of road is concerned. Accordingly, the respondent has to take decision in the matter, considering the decision of the Hon'ble Supreme Court in the case of VIDYA DEVI Vs. THE STATE OF HIMACHAL - 5 - HC-KAR NC: 2025:KHC:48456 WP No. 2469 of 2020 PRADESH AND OTHERS reported in 2020 (2) SCC 569, wherein, procedure has been laid down with regard to taking possession of private land is concerned. 6. With the above observation, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 31