- 1 - HC-KAR NC: 2025:KHC-D:13717 WP No. 101002 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 10TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 101002 OF 2024 (LB-RES) BETWEEN: 1. D. PRAVEENKUMAR S/O D. SREENIVASA SHETTY, AGE. 49 YEARS, OCC. BUSINESS, R/O. ISLAMPUR, GANGAVATHI, DIST. KOPPAL-583 227. 2. D. VENKATESH PRASANNA S/O D. SREENIVASA SHETTY, AGE. 45 YEARS, OCC. BUSINESS, R/O. ISLAMPUR, GANGAVATHI, DIST. KOPPAL-583 227. 3. D. SREENIVASA SHETTY S/O VENKAIAH SHETTY, AGE. 77 YEARS, OCC. RETIRED GOVT. EMPLOYEE, R/O. ISLAMPUR, GANGAVATHI, DIST. KOPPAL-583 227. … PETITIONERS (BY SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY CHIEF SECRETARY, CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.10.18 07:57:04 +0100 - 2 - HC-KAR NC: 2025:KHC-D:13717 WP No. 101002 of 2024 M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE SECRETARY, KALYANA KARNATAKA REGIONAL DEVELOPMENT BOARD, SHAMBHOGHALLI, KALBURGI-585 102. 3. THE SUPERINTENDENT ENGINEER, KALYANA KARNATAKA REGIONAL DEVELOPMENT BOARD, SHAMBHOGHALLI, KALBURGI-585 102. 4. THE EXECUTIVE ENGINEER, KALYANA KARNATAKA REGIONAL DEVELOPMENT BOARD, SHAMBHOGHALLI, KALBURGI-585 102. 5. THE ASSISTANT EXECUTIVE ENGINEER, KALYANA KARNATAKA REGIONAL DEVELOPMENT BOARD, SHAMBHOGHALLI, KALBURGI-585 102. 6. THE COMMISSIONER, CITY MUNICIPAL COUNCIL, GANGAVATHI, DIST. KOPPAL-583 227. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. B. SHARANABASAWA, ADVOCATE FOR R6; NOTICE TO R2 TO R5 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.3 NOT TO DEMOLISH COMMERCIAL BUILDING SITUATED IN WARD NO.13, JULY NAGAR, KAMPLI ROAD IN SY.NO.153 BEARING MUNICIPALITY NO.3-2-234/1 MEASURING EAST TO WEST-30 - 3 - HC-KAR NC: 2025:KHC-D:13717 WP No. 101002 of 2024 FEET AND NORTH TO SOURTH-12 FEET TOTALLY MEASURING 360 SQUARE FEET HAVING BOUNDARY EAST-BY-PASS ROAD, WEST-BUILDING OF S. SURESH, NORTH-TRADERS BUILDING, SOUTH-20 FEET ROAD OF THE PETITIONER NO.1, COMMERCIAL BUILDING SITUATED IN WARD NO.13, JULY NAGAR, KAMPLI ROAD IN SY.NO.153 BEARING MUNICIPALITY NO.3-2-234/2 MEASURING EAST TO WEST-30 FEET AND NORTH TO SOURTH- 12 FEET TOTALLY MEASURING 360 SQUARE FEET HAVING BOUNDARY EAST-BY-PASS ROAD, WEST-BUILDING OF S. SURESH, NORTH-TRADERS BUILDING, SOUTH-TRADERS BUILDING AND BUILDING OF D. PRAVEENKUMAR BEARING MUNICIPALITY NO.3-2-234/1 OF PETITIONER NO.2, COMMERCIAL BUILDING SITUATED IN WARD NO.13, JULY NAGAR, KAMPLI ROAD IN SY. NO.153 BEARING MUNICIPALITY NO.3-2-234/3 MEASURING EAST TO WEST-30 FEET AND NORTH TO SOURTH-12 FEET TOTALLY MEASURING 360 SQUARE FEET HAVING BOUNDARY EAST-BY-PASS ROAD, WEST-BUILDING OF S. SURESH, NORTH-TRADERS BUILDING, SOUTH-TRADERS BUILDING AND BUILDING OF D. VENKATESH PRASANNA BEARING MUNICIPALITY NO.3-2-234/2 OF PETITIONER NO.3, AND COMMERCIAL BUILDING SITUATED IN WARD NO.13, JULY NAGAR, KAMPLI ROAD IN SY.NO.153 BEARING MUNICIPALITY NO.3-2-234/4 MEASURING EAST TO WEST-12 FEET AND NORTH TO SOURTH-30 FEET TOTALLY MEASURING 360 SQUARE FEET HAVING BOUNDARY EAST- ROAD, WEST-BUILDING OF BADARINARAYANA MUNICIPALITY NO.3-2/234/5, NORTH-ROAD, SOUTH- BUILDING BEARING MUNICIPALITY NO.3-2-234/3 OF PETITIONER NO.3. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC-D:13717 WP No. 101002 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel appearing for the petitioners, the learned Government Advocate appearing for respondents No.1 and the learned counsel appearing for respondent No.6. 2. This petition is filed under Articles 226 and 227 of the Constitution of India by the petitioners, on the apprehension that the respondents are likely to demolish the structures put up by them on their respective properties. 3. The petitioners have produced seven photographs along with the petition, as well as the title deeds pertaining to their respective properties. It is the apprehension of the petitioners that to widen the road adjacent to their structures, the respondents are likely to demolish the same without acquiring the land in the manner prescribed by law and without paying the necessary compensation. - 5 - HC-KAR NC: 2025:KHC-D:13717 WP No. 101002 of 2024 4. Learned counsel for respondent No.6 would submit that the petitioners have put up a structure without obtaining necessary permission from respondent No.6. 5. Learned Government Advocate would submit that the properties mentioned in the photographs are not the structures built in the petitioners’ land. But they are built on the public road. 6. This Court has considered the contentions raised at Bar and has perused the records. 7. Existence of the structures shown in the photographs annexed to the writ petition is not in dispute. However, whether the structures are situated on property belonging to the petitioners or on a public road is a question of fact that requires adjudication, and that need not be decided in the writ petition. Nevertheless the existence of structure is not in dispute. 8. Learned counsel for respondent No.6 would submit that respondent No.6 will take action complying with the due - 6 - HC-KAR NC: 2025:KHC-D:13717 WP No. 101002 of 2024 process contemplated under law. Any action to be taken by respondent No.6 will be in accordance with the prescribed procedure. 9. Learned Government Advocate for respondent No.1 would also submit that the prescribed procedure will be followed. 10. Under these circumstances, the petition can be disposed of by issuing following directions. 11. Hence the following: ORDER a) The writ petition is allowed in part. b) The respondents in case intend to take any action for demolition of unauthorised structures have to proceed in accordance with procedure contemplated under law. c) In case the structures are known to be in the land of the petitioners, the structures cannot be - 7 - HC-KAR NC: 2025:KHC-D:13717 WP No. 101002 of 2024 demolished without initiating proceedings as contemplated for acquisition of land. d) In case any public property is encroached upon, the petitioners are not entitled to any compensation. e) The decision as to whether a portion of the property is encroached upon must be made only after conducting a survey, with due notice given to the petitioners. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 1 SL NO.: 33