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2025 DAILYLAW 57742 (KAR)

GANADHISHWARA BHAT v. DEPUTY COMMISSIONER

WP/2493/2023 · 2025-08-19

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32246 WP No. 2493 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.2493 OF 2023 (LB-RES) BETWEEN: 1. GANADHISHWARA BHAT S/O. LATE NARAYANA BHAT, AGED ABOUT 58 YEARS, RESIDING AT "SRINIDHI HOUSE", DOOR NO.1/29/2444, BEHIND S C S NURSING COLLEGE, ASHOKNAGARA, MANGALURU, D.K. DISTRICT-575 006. …PETITIONER (BY SRI. K. RAVISHANKAR, ADVOCATE) AND: 1. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU, D.K. DISTRICT-575 001. 2. ASSISTANT EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, BANTWAL, D.K. DISTRICT-574 219. 3. PANCHAYAT DEVELOPMENT OFFICER KANYANA GRAMA PANCHAYAT, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32246 WP No. 2493 of 2023 POST KANYANA, BANTWAL TALUK, D.K. DISTRICT-574 279. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R.1 AND R.2; SRI SHARANJITH SHETTY K., ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO REMOVE THE ILLEGAL CONSTRUCTIONS MADE BY THE SIDE OF MANJESHWARA- KANYANA STATE HIGH WAY NEAR SY.NO.98/2 AND SY.NO.98/3 OF KANYANA VILLAGE OF BANTWAL TALUK, D.K. DISTRICT BY CONSIDERING THE REPRESENTATION DATED 05.09.2022 MADE BY THE PETITIONER COPY OF WHICH ARE PRODUCED AT ANNEXURES-A, B AND C.,. ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, 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:32246 WP No. 2493 of 2023 ORAL ORDER 1. The case of the petitioner is that a public road in front of Sy.Nos.98/2 and 98/3 of Kanyana Village, Bantwal Taluk, D.K.District, has been illegally encroached by third parties and constructions have been put up. Hence, he has made a representation to the respondents to initiate appropriate action against them. However, as there has been no action initiated sofar, the present writ petition is filed with the following prayers:- "(i) Writ of Mandamus directing the respondents to remove the illegal constructions made by the side of Manjeshwara - Kanyana State High Way near Sy No 98/2 and Sy No 98/3 of Kanyana Village of Bantwal Taluk, D.K.District by considering the representation dated 05-09-2022 made by the petitioner copy of which are produced at Annexure - A, B and C. (ii) Any other writs or directions to meet the interest of justice and equity." 2. The learned counsel for the respondents upon instructions submits that they will consider the representation of the petitioner, hear all the parties - 4 - HC-KAR NC: 2025:KHC:32246 WP No. 2493 of 2023 concerned and thereafter, take appropriate action in accordance with law. Their submission is placed on record. 3. Hence, the following:- ORDER i. The writ petition is disposed of. ii. Respondents are directed to consider the representation of the petitioner, hear all the parties concerned and pass appropriate orders in accordance with law. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 61