- 1 - HC-KAR NC: 2025:KHC:38978 WP No. 29538 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 29538 OF 2025 (LB-RES) BETWEEN: 1. SRI. M. MANOOJ S/O R.K.MANJUNATHA SETTY AGED ABOUT 32 YEARS RESIDENT OF 2ND CROSS BELLARI ROAD, OLD TOWN CHALLAKERE-577 522 CHITRADURGA DISTRICT. …PETITIONER (BY SRI. SIDDAPPA B.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY HOUSING & URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING, DR. AMBEDKAR VEEDHI BENGALURU-560 001. 2. THE STATE OF KARNATAKA BY ITS SECRETARY PUBLIC WORKS DEPARTMENT, M.S.BUILDING DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577 501. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38978 WP No. 29538 of 2025 4. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISION CHITRADURGA-577 501. 5. THE ASST. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT CHALLAKERE-577 522 CHITRADURGA DISTRICT. 6. THE TAHSILDAR CHALLAKERE TALUK CHALLAKERE-577 522 CHITRADURGA DISTRICT. 7. THE COMMISSIONER CHALLAKERE CITY MUNICIPAL COUNCIL CHALLAKERE-577 522 CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R6; SMT. G.K.BHAVANA, ADVOCATE FOR R7) THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS, SPECIFICALLY RESPONDENT NO.7 NOT TO DEMOLISH AND DISPOSSESS THE PETITIONER FROM PETITIONER PROPERTY BEARING NO.605/569/449 MEASURING EAST WEST 66.6FT (20.299721 MTRS), NORTH SOUTH 23FT (7.0104.14 MTRS) SITUATED AT BENGALURU BELLARI MAIN ROAD, CHALLAKERE CITY WHICH IS BOUNDED ON THE EAST: JALAGARA HEMANNA'S ROOM, WEST:SELAM BELLARI ROAD (NOW IT IS CALLED AS BENGALURU BELLARI ROAD), NORTH:MUNICIAPL ROAD, SOUTH:SHOP BELONGS TO HEGGERE MALLAPPA 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:38978 WP No. 29538 of 2025 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The writ petition is filed on the apprehension that the property of the petitioner may be utilized for widening of State Highway without following the due process. On the said ground, the following prayers are made: "a). Issue a writ of mandamus or any other order or direction in the nature of writ, directing the respondents, specifically respondent No.7 not to demolish and dispossess the petitioner from petitioner property bearing No.605/569/449 measuring East West 66.6ft (20.299721 mtrs), North South 23ft (7.0104.14 mtrs) situated at Bengaluru Bellari Main Road, Challakere City which is bounded on the East: Jalagara Hemanna's room, West:Selam Bellari Road (now it is called as Bengaluru Bellari Road), North:Municiapl Road, South:Shop belongs to Heggere Mallappa. b). Costs and such other relief as this Hon'ble Court deem fit under the facts and circumstances of the case including an order as to cost." 2. Learned counsel for respondent no.7 upon instruction submits that the writ petition is premature. She further submits - 4 - HC-KAR NC: 2025:KHC:38978 WP No. 29538 of 2025 that, there is a proposal to widen the State Highway in the interest of general public and the same will be done only in accordance with law and not otherwise. She further submits that, in the process of widening the State Highway, if the property of the petitioner has to be utilized, the same will be acquired in the manner known to law and will be utilized only thereafter. She also submits that, if the petitioner has encroached upon any portion of the land, then in that event petitioner will not be entitled to any compensation. Her submission is placed on record. 3. Recording the submission of learned counsel for respondent no.7, the writ petition is disposed of with a direction to the authorities concerned to utilise the property which is the subject matter of the writ petition only in the manner known to law and not otherwise. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 3