- 1 - HC-KAR NC: 2025:KHC:32627 WP No. 19644 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 19644 OF 2018 (LB-RES) BETWEEN: 1. SRI. H.N. NAGARAJU @ HAA MUU NAGARAJU S/O LATE SRI. MUNISWAMAPPA AGED ABOUT 65 YEARS R/AT HARAGADDE VILLAGE JIGNI HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT-562 106. …PETITIONER (BY SRI. BHARGAV G., ADVOCATE [ABSENT]) AND: 1. BENGALURU NAGARA ZILLA PANCHAYAT S. KARIYAPPA ROAD, BANASHANKARI BENGALURU-560 070. REP. BY ITS CHIEF EXECUTIVE OFFICER. 2. THE JOINT DIRECTOR TOWN & RURAL PLANNING AUTHORITY KITHAGANAHALLI GATE, CHANDAPURA CIRCLE ATTIBELE HOBLI, ANEKAL TALUK BENGALURU URBAN DISTRICT-562 106. 3. THE EXECUTIVE OFFICER TALUK PANCHAYAT ANEKAL TALUK, ANEKAL BENGALURU URBAN DISTRICT-562 106. 4. PANCHAYAT DEVELOPMENT OFFICER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32627 WP No. 19644 of 2018 HARAGADDE GRAM PANCHAYAT HARAGADDE VILLAGE, JIGNI HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT-562 106. …RESPONDENTS (BY SRI. MAHESH R. UPPIN, ADVOCATE FOR R1; SRI. YOGESH D.NAIK, ADVOCATE FOR R2; SRI. M.S.PRAKASH, ADVOCATE FOR R3 & R4) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO FORM THE ROAD IN ACCORDANCE WITH THE VILLAGE MAP VIDE ANNEXURE-D AND ETC. THIS PETITION 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 ORAL ORDER The petitioner is said to be owner of 1 acre 23 guntas of land in Sy.No.14/4 of Haragadde Village, Jigani Hobli, Anekal Taluk. Being desirous of a road being formed in front of his property without his property being utilized for the same, the following prayers are made: "i) Issue Writ of Mandamus or such other appropriate Writ or Order directing the respondents to form the road in accordance with the village map vide ANNEXURES-D. - 3 - HC-KAR NC: 2025:KHC:32627 WP No. 19644 of 2018 ii) Issue Writ of Mandamus or such other appropriate writ or order restraining the respondents from encroaching upon the property of the petitioner bearing Sy.No.14/4 of Haradagge Village, Jigni Hobli, Anekal Taluk, Bengaluru Urban District, in the course of formation of road, without due process of law. iii) And pass such other Order/s which are deemed to be fit in the nature and circumstances of the case." 2. Learned counsel for the petitioner is absent. 3. Learned counsel for respondents submits that it is for the authorities concerned to metal the road or not, as per the village map. The State taking into consideration the various factors will take a decision when to form a road or not as per the road shown in the village map. It is further submitted that while forming the road the same shall be made following all the due process without encroaching upon any private property and if there is a requirement for utilizing any private property, the same shall be done after acquiring the same in the manner known to law and it is submitted that the petitioner is not entitled to the prayers sought by him. - 4 - HC-KAR NC: 2025:KHC:32627 WP No. 19644 of 2018 4. Admittedly, the petitioner does not have a right to claim that a road has to be formed in a particular manner in front of his property. Further, respondents have given an undertaking that they will not encroach upon anybody’s property while forming the road and the same will be done according to the law. For the said reasons, the writ petition is hereby dismissed. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 38