- 1 - HC-KAR NC: 2025:KHC:36961 WP No. 28010 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 28010 OF 2025 (LB-RES) BETWEEN: SRI MUNIGANGAIAH S/O LATE RAMAIAH AGE ABOUT 72 YEARS R/AT SANTHE BEEDI THYAMAGONDLU NELAMLANGALA TALUK 562132 BANGALORE RURAL DISTRICT …PETITIONER (BY SMT. VEENAKUMARI M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT DEPARTMENT OF PUBLILC WORKS VIKASA SOUDHA BENGALURU- 560 001 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BEERASANDRA VILLAGE DEVANHALLI TALUK- 562110 3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT GOVERNMENT OFFICES NELAMLANGALA- 562123 Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36961 WP No. 28010 of 2025 4. THE THYAMAGONDLU GRAM PANCHAYAT REPRESENTED BY ITS PANCHYAT DEVELOPMENT OFFICER THYAMAGONDLU VILLAGE, THYAMAGONDLU HOBLI- 562132 5. THASILDAR TALUK OFFICE NELAMANGALA TALUK- 562 123 …RESPONDENTS (BY SMT. SPOORTHI.V, HCGP FOR R1 TO R3 AND R5; SRI. M.S.DEVARAJU, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTILCES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO DIRECTION RESTRAINING THE RESPONDENTS FROM DEMOLISHING ANY PORTION OF THE SCHEDULE PROPERTY OR CAUSING ANY THREAT OR OBSTRUCTION IN ANY MANNER TO THE LAWFUL USE OF THE SAME BY THE PETITIONER OR HER FAMILY WITHOUT FOLLOWING THE DUE PROCESS OF LAW AND TO GRANT ANY RELIEF AS TO THIS HONOURABLE COURT MAY SEEM FIT AND PROPER, IN FURTHERANCE OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:36961 WP No. 28010 of 2025 ORAL ORDER The case of the petitioner is that his property is sought to be utilized by the respondent-authorities without following the due process of law. Hence, the following writ petition is filed with the following prayers: "WHEREFORE, the Petitioner prays that this Honourable Court may be pleased to issue a Writ of Prohibition or other order / direction restraining the Respondents from demolishing any portion of the Schedule Property or causing any threat or obstruction in any manner to the lawful use of the same by the Petitioner or her family without following the due process of law; and to grant any relief as to this Honourable Court may seem fit and proper, in furtherance of Justice and Equity." 2. Per contra, the learned counsel for the respondents, upon instructions, submits that the petitioner has not produced any documents to show that the property of the petitioner is sought to be utilized illegally. It is further submitted that if the property of the petitioner is required for a public purpose, then in that event, the same will be utilized only after following the due process of - 4 - HC-KAR NC: 2025:KHC:36961 WP No. 28010 of 2025 law and not otherwise. It is also submitted that in case the property claimed by the petitioner is found to be a government land, then the same will be utilized without the petitioner being paid any compensation. It is also submitted that if it is found that the petitioner is in occupation of the land concerned illegally, then in that event, the petitioner will be evicted only by following the due process of law and not otherwise. 3. Recording the submission made by the learned High Court Government Pleader for respondent Nos.1 to 3 and 5 and learned counsel for respondent No.4, the Writ Petition stands disposed of with a direction to the respondent-authorities to utilize the property, which is the subject matter of the writ petition, only in accordance with law and not otherwise. Sd/- (M.I.ARUN) JUDGE CH, List No.: 1 Sl No.: 6