- 1 - HC-KAR NC: 2025:KHC:44127-DB WP No. 22684 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 22684 OF 2025 (GM-RES) BETWEEN: 1. SMT AMMANNI POJARTHI WIFE OF RAGHAVA AGED ABOUT 70 YEARS, RESIDING AT NO.2-42A, SAW MILL MATAPADY, NEAR SAW MILL, BRAHMAVARA, MATAPADI, UDUPI DISTRICT, KARANATAKA -576213 AADHAR NO.3465 6192 4875 MB : 9902463526 EMAIL ID-NIL 2. SMT.GIRIJAKSHI @ GIRIJA POJARTHI WIFE OF ACHUTHA AGED ABOUT 67 YEARS R/AT NO 3- 370- 2, K N NILAYA INDIRANAGAR VARAMBALLI BRAHAMAVARA, UDUPI AADHAR 236160636032 MB 9741024401 EMAIL ID- NIL …PETITIONERS (BY SRI. KRISHNA MURTHY T R, ADVOCATE) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44127-DB WP No. 22684 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU 560 001 2. THE DEPUTY COMMISSIONER UDUPI DISTRICT, UDUPI-576213 3. THE TAHSILDAR BRAHMAVARA TALUK, UDUPI DISTRICT - 576213, …RESPONDENTS (BY SMT NILOUFER AKBAR, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH COURT OF KARNATAKA -PRACTICE AND PROCEDURE FOR PUBLIC INTEREST LITIGATION RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NOS.2 AND 3 TO CONSIDERING THE REPRESENTATIONS OF THE PETITIONERS BY REMOVING THE IRON GATE INSTALLED BY THE ENCROACHERS ON THE PUBLIC MUD ROAD LAND BEARING SY.NO.13/7A, MEASURING 02 GUNTAS AND SY.NO.13/48, MEASURING 02 GUNTAS BOTH PROPERTIES ARE SITUATED AT MATAPADI VILLAGE, BRAHMAVARA HOBLI, BRAHMAVARA TALUK, UDUPI DISTRICT BY CONDUCTING ENQUIRY ON THE CONCERN THASILDHAR AND OTHER AS PER THE ANNEXURES-A, B AND G AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA - 3 - HC-KAR NC: 2025:KHC:44127-DB WP No. 22684 of 2025 ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. Issue notice. 2. Learned Additional Government Advocate accepts notice for the respondents - State. 3. The petitioner has filed the present petition as a PIL, inter alia, praying as under: i. Issue a writ of Mandamus directing the respondent No.2 and 3 to considering the representations of the petitioners by removing the iron Gate installed by the encroachers on the public mud road Land bearing Sy Nos.13/7A, measuring 02 Guntas and Sy.No.13/48, measuring 02 Guntas both properties are situated at Matapadi Village, Brahmavara Hobli, Brahmavara Taluk, Udupi District by conducting enquiry on the concern Tahsildhar and other as per the Annexure A, B and G. ii. Issue any other writ or order as this Hon'ble Court may deems fit under the facts and circumstances of the case by allowing the above Writ Petition with exemplary cost in the interest of justice." 4. It is the petitioners case that certain persons have encroached upon the public mud road as described in the prayer clause. - 4 - HC-KAR NC: 2025:KHC:44127-DB WP No. 22684 of 2025 5. The petitioners seek that the respondents - State to take appropriate measures for protecting the public land, which they allege has been encroached upon. 6. In view of the above, we consider it apposite to dispose of the petition by directing the respondents to examine the allegation made in the petition and if it is found that the public lands have been encroached upon as alleged, take all steps that are necessary. 7. The petition is disposed of in the aforesaid terms. 8. Pending applications, if any, stand disposed of as well. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE ND/ List No.: 1 Sl No.: 8