- 1 - HC-KAR NC: 2025:KHC:37219 WP No. 26025 of 2022 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. 26025 OF 2022 (LB-RES) BETWEEN: 1 . MRS. SHUBHA AGED 48 YEARS W/O SRI NONAYYA GOWDA R/AT HIREBANDADI VILLAGE KHANDIGA, PUTTUR TALUK DAKSHINA KANNADA - 574 241. ...PETITIONER (BY SRI. KESHAVA BHAT A., ADVOCATE) AND: 1 . ASSISTANT COMMISSIONER PUTTUR SUB-DIVISION PUTTUR TALUK, D.K. - 574 201. 2 . TAHASILDAR PUTTUR TALUK, PUTTUR D.K. - 574 201. 3 . ASSISTANT EXECUTIVE ENGINEER PWD NO.4, PUTTUR SUB-DIVISION PUTTUR, D.K. - 574 201. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37219 WP No. 26025 of 2022 4 . PANCHAYATH DEVELOPMENT OFFICER HIREBANDADI GRAM PANCHAYATH PUTTUR TALUK, D.K. - 574 241. 5 . PRAMEELA W/O LATE PRAVEEN MAJOR R/AT KODI PADIL HOUSE HIREBANDADI VILLAGE PUTTUR TALUK, D.K. - 574 241. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R.1 TO R.3; SRI SHARANJITH SHETTY K., ADVOCATE FOR R.4; SRI K. SHRIHARI, ADVOCATE FOR R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REMOVE THE ILLEGAL CONSTRUCTION WITHIN THE UPPINANGADY-NELYADI ROAD MARGIN IN SY.NO.66/P2 OF HIREBANDADI VILLAGE, PUTTUR TALUK, D.K. DISTRICT IN PURSUANCE OF THE ORDER OF ASSISTANT COMMISSIONER, PUTTUR, DATED 15.10.2019 IN LNDCR 371/2019-20 VIDE ANNEXURE-D., ETC. THIS PETITION IS COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:37219 WP No. 26025 of 2022 ORAL ORDER 1. The case of the petitioner is that respondent No.5 has put up illegal construction on her property and has also encroached upon the road margin. Hence, she has made a representation to respondent Nos.1 to 4. However, as there is no action initiated by any of them, the present writ petition is filed with the following prayers:- a) "Issue a Writ of Mandamus or any other Writ, order of direction directing the respondents to remove the illegal construction within the Uppinangady - Nelyadi Road margin in Sy.No.66/P2 of Hirebandadi Village, Puttur Taluk, D.K. District in pursuance of the order of Asst. Commissioner, Puttur, dated 15.10.2019 in LNDCR 371/2019-20 vide Annexure-D. b) Grant such other reliefs as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. Per contra, learned counsel for respondent No.5 upon instructions submits that respondent No.5 has not put up illegal construction as alleged. Even if there is any unauthorized construction, the same can be regularized in accordance with law. It is further submitted that she has filed an application under - 4 - HC-KAR NC: 2025:KHC:37219 WP No. 26025 of 2022 Section 94C of the Karnataka Land Revenue Act, 1964 and the same is pending. 3. Learned AGA appearing for respondent Nos.1 to 3 upon instructions submits that respondent No.2 will consider the grievance of the petitioner as well as the application submitted by respondent No.5 and will take a decision in accordance with law after hearing both of them. 4. Both petitioner and respondent No.5 are agreeable for the same. 5. Hence, the following:- ORDER i. The writ petition is disposed of with a direction to respondent No.2 to hear both the petitioner as well as respondent No.5 and consider their request in accordance with law and initiate suitable action and pass appropriate orders within a period of two months from today. ii. Parties shall appear before respondent No.2 on 23.09.2025 at 11.00 a.m. without further notice. - 5 - HC-KAR NC: 2025:KHC:37219 WP No. 26025 of 2022 iii. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 28