- 1 - HC-KAR NC: 2025:KHC:40682 WP No. 30246 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 30246 OF 2025 (LB-RES) BETWEEN: SRI. MANILAL AGED ABOUT 59 YEARS R/A LATE NOPARAMIJI R/A NO 43, 9TH CROSS ULLAL MAIN ROAD NEAR ABAY HOSPITAL BENGALURU-560 056 …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 DAVANAGERE DISTRICT DAVANAGERE-577 001 3. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION DAVANAGERE 577 001 4. THE TASHILDHAR JAGALURU TALUK JAGALURU DAVANAGERE DISTRICT-577 528 Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:40682 WP No. 30246 of 2025 5. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT JAGALURU SUB DIVISON JAGALURU DAVANAGERE DISTRICT-577 528 6. THE TOWN PANCHAYAT JAGALURU DAVANAGERE DISTRICT-577 528 REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SRI. B. BOPANNA, AGA FOR R1-R5; SRI. MAHESH R. UPPIN, ADVOCATE FOR R6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF PROHIBITION OR ORDER/DIRECTION RESTRAINING THE RESPONDENTS FROM INTERFERING WITH THE PETITIONER 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 R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondents from interfering with the petitioner's peaceful possession and enjoyment of the said - 3 - HC-KAR NC: 2025:KHC:40682 WP No. 30246 of 2025 property in any manner whatsoever except through the due process of law. He has also sought for writ directing the respondents not to demolish or utilize any portion of the schedule properties without following the due process of law. 2. The petitioner claims to be the owner in possession and enjoyment of a commercial property bearing/Assessment No.1288A/1288A/993/833 measuring 12 feet X 30 feet situated at Davanagere-Jagaluru road, a described in the schedule. He contends that the respondent No.6 has recorded that the petitioner is the owner of the aforesaid property in its records. He also contends that the respondents are trying to widen the road by demolishing the existing structure without following the due process of law. The petitioner claims that this action of the respondents violates his constitutional right and therefore, he is before this Court seeking for the aforementioned reliefs. 3. The learned Additional Government Advocate does not dispute the fact that the property of the petitioner cannot be used for the formation of widening the road without following the due process of law, namely by acquiring it and - 4 - HC-KAR NC: 2025:KHC:40682 WP No. 30246 of 2025 pay compensation as prescribed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (henceforth referred to as ‘the Act, 2013’ for short).The learned counsel for respondent No.6 also does not dispute the above position of law. 4. In that view of the matter, this writ petition deserves to be disposed off, directing the respondents not to interfere with the possession enjoyment of the petitioner in the property bearing/assessment No.1288A/1288A/993/833 measuring 12 feet X 30 feet situated at Davanagere-Jagaluru Road and property bearing/Assessment No.1288B/1288B/993/833 measuring 12 feet X 30 feet situated at Jagaluru Town on Davanagere-Jagaluru Road. It is made clear that if the respondents desire to acquire the property of the petitioner, the same shall be done in accordance with law, namely to acquire it in the manner provided under the Act, 2013. - 5 - HC-KAR NC: 2025:KHC:40682 WP No. 30246 of 2025 5. Learned Additional Government Advocate and Sri.Mahesh R Uppin, learned counsel are permitted to file a memo of appearance within ten days. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 40