- 1 - HC-KAR NC: 2025:KHC:33268 WP No. 17890 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17890 OF 2025 (GM-RES) BETWEEN: SRI V JANARDHAN S/O G. VENKATAPPA, AGED ABOUT 62 YEARS. RESIDENT OF KUNDURU VILLAGE. DEVARAYAPATNA POST, KASABA HOBLI, TUMKUR TALUK, TUMKUR DISTRICT-572104. …PETITIONER (BY SMT. Y P VIJAYA VASANTHA KUMARI.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRASENTED BY ITS SECRETARY RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT MULTISTORIED BUILDING, DR.AMBEDKAR VEEDHI BANGALORE-560001. 2. THE CHIEF EXECUTIVE OFFICER, KARNATAKA GRAMINA RASTHE DEVELOPMENT ORGANISATION (KRRDA), GRAMINA ABHIVRUDDI BHAVANA, 3RD FLOOR, ANANDA RAO CIRCLE, BANGALORE - 560009. Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33268 WP No. 17890 of 2025 3. EXECUTIVE ENGINEER, KARNATAKA GRAMINA RASTHE DEVELOPMENT ORGANISATION (KRRDA) ANANDA RAO CIRCLE, BANGALORE - 560009. 4. THE CHIEF EXECUTIVE OFFICER (CEO),-ZILLA PANCHAYAT OFFICE, TUMKUR-572101. 5. THE CHIEF ENGINEER RURAL DEVELOPMENT AND PANCHAYAT RAJ DEPARTMENT. 6. EXECUTIVE ENGINEER PANCHAYAT RAJ ENGINEERING DEPARTMENT TUMKUR DIVISION OFFICE, TUMKUR-572101. 7. THE ASSISTANT EXECUTIVE ENGINEER, PANCHAYAT RAJ ENGINEERING DEPARTMENT TUMKUR DISTRICT, GUBBI SUB-DIVISION, GUBBI-572216. 8. THE TAHSILDAR GUBBI, GUBBI TALUK, TUMKURU DISTRICT-572117. 9. DODDAIAH S/O LATE NINGAPPA, AGED ABOUT 50 YEARS, RESIDENT OF MALAMACHANAGUNTE, CHELURU HOBLI, GUBBI TALUK, TUMKURU DISTRICT-572 117. - 3 - HC-KAR NC: 2025:KHC:33268 WP No. 17890 of 2025 10. SRI. GIRIYAPPA S/O SANNA NARASAIAH, AGED ABOUT 52 YEARS. RESIDING AT THOTADAMANE CONSTRUCTED IN THE LAND BEARING SY. NO. 17/1, ANTHAPURA, GUBBI TALUK, TUMKURU DISTRICT-572 117. 11. SRI. LOKESH S/O SANNA NARASAIAH, AGED ABOUT 49 YEARS RESIDING AT THOTADAMANE CONSTRUCTED IN THE LAND BEARING SY.NO.17/2, ANTHAPURA, GUBBI TALUK, TUMKURU DISTRICT-572 117. 12. SRI. MUNIR AHAMAD SHERIFF S/O LATE SULTHAN AHAMAD, AGED ABOUT 45 YEARS, RESIDING AT THOTADAMANE CONSTRUCTED IN THE LAND BEARING SY. NO. 17, ANTHAPURA, GUBBI TALUK, TUMKURU DISTRICT-572 117. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R8) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE 6TH AND 7TH RESPONDENTS TO CARRY OUT THEIR STATURORY DUTY TO MAINTAIN THE VILLAGE ROAD - 4 - HC-KAR NC: 2025:KHC:33268 WP No. 17890 of 2025 VR14 STARTING FROM ITS CONNECTION TO SH-84 ON THE WESTERN SIDE AND RUNNING TOWARDS EASTERN SIDE THROUGH THE LANDS OF THE RESPONDENTS 9 TO 12 BEARING SY.NO.19, 17/1, 17/2 AND 18 OF ANTHAPURA VILLAGE LEADING TO ANUPANAKUNTE ROAD THROUGH HUCHA RANGAPPANAHATTI IS DESCRIBED AS AN AUTHENTICATED GOVERNMENT VILLAGE ROAD VR13 PRESENTLY VR14 IN THE DRRP MAP PRODUCED AT ANNEXURE-E BY MAKING IT CLEAR FOR THE FREE MOVEMENT OF THE PETITIONER AND BY ISSUING A WRIT OF MAMDAMUS; II) DIRECT THE RESPONDENTS 6 AND 7 TO PREVENT THE ILLEGAL ACTS OF THE RESPONDENTS 9 TO 12 FROM CLOSING THE DRAINAGE GUTTERS ON EITHER SIDE OF THE VILLAGE ROAD VR14 BY TAKING STRINGENT ACTION AGAINST THEM AS PER LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:33268 WP No. 17890 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner owns certain lands in Malamachakunte Village, Cheluru Hobli, Gubbi Taluk, Tumakuru District, and is aggrieved by the information that is provided by the seventh respondent under the provisions of the Right to Information Act, 2005. The petitioner asserts that his land is diverted from agricultural to non- agricultural purposes viz., for a brick kiln and that the private respondents dispute the existence of an access. Insofar as the present petition, the petitioner asserts that the Endorsement is contrary to the earlier communications as also the Village Map. Crucially, the petitioner himself states in the memorandum of the petition that he has filed a suit against the respondents in O.S. No.255/2021 on the file of the jurisdictional Court for appropriate relief as against obstruction to the use of such road and that - 6 - HC-KAR NC: 2025:KHC:33268 WP No. 17890 of 2025 suit is pending consideration. Sri Vijaya Vasantha Kumari Y P, the learned counsel for the petitioner and Sri Shamanth Naik, a learned High Court Government Pleader, who is called upon to accept notice for the first to eighth respondents, are heard. This Court must observe that the nature of the road as asserted by the petitioner is a matter that is pending consideration in the aforesaid suit, and the question in that regard must be decided in the light of the other correspondences that is caused by the authorities. The petitioner must also be at liberty to take advantage if there is any contradiction in such communication. Therefore, subject to all just exceptions, the petition stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE AN/-