- 1 - HC-KAR NC: 2025:KHC:37607 WP No. 27976 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 27976 OF 2025 (LB-RES) BETWEEN: 1. SRI. RAMESH T.M. S/O MUNIGANGAIH AGED 42 YEARS R/AT NOSANTHE BEEDI THYAMAGONDLU NELAMLANGALA TALUK-562 132 BANGALORE RURAL DISTRICT. …PETITIONER (BY SMT. VEENAKUMARI M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE PRINCIPAL SECRETARY TO THE GOVERNMENT DEPARTMENT OF PUBLIC WORKS VIKASA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BEERASANDRA VILLAGE DEVANHALLI TALUK-562 110. 3. THE ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS KDEPARTMENT Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37607 WP No. 27976 of 2025 GOVERNMENT OFFICES NELAMANGALA-562 123. 4. THE THYAMAGONDLU GRAM PANCHAYAT REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER THYAMAGONDLU VILLAGE THYAMGONDLU HOBLI-562 132. 5. THASILDAR TALUK OFFICE NELAMLANGALA TALUK-562 123. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1, R2, R3 & R5; SRI. M.S.DEVARAJ, ADVOCATE FOR R4) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING 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 DEEM FIT AND PROPER, IN FURTHERANCE OF JUSTICE AND EQUITY AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:37607 WP No. 27976 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN 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 instant 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 - 4 - HC-KAR NC: 2025:KHC:37607 WP No. 27976 of 2025 is required for a public purpose, then in that event, the same will be utilized only after following the due process of 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 submissions made by the learned AGA 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 PGG