Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49049 WP No. 12550 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 12550 OF 2023 (LB-RES)
BETWEEN:
SRI. H.V. RAVINDRA S/O LATE H VENKATARAVANAPPA AGED ABOUT 64 YEARS R/AT NO 37, HAROHALLI GARDENS KOLAR - 563 101. …PETITIONER
(BY SRI. M SHIVAPRAKASH.,ADVOCATE)
AND:
1. THE CHIEF SECRETARY STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 001. 2. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE STATE OF KARNATAKA VIKASA SOUDHA BANGALORE - 560 001. 3. THE DIRECTOR OF MUNCIPAL ADMINISTRATION STATE OF KARNATAKA V.V TOWER BANGALORE - 560 001. Digitally signed by SUMA B N Location:
HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49049 WP No. 12550 of 2023
4. THE COMMISSIONER CITY MUNCIPAL COUNCIL KOLAR CMC, KOLAR - 563 101. 5. 6. THE TAHASILDAR KOLAR TALUK KOLAR - 563 101. SRI. VINOD BABU GOVINDARAJU S/O H.V. GOVINDARAJU AGED ABOUT 43 YEARS PERMANENTLY R/AT NO.22 NEAR SRV SCHOOL, HOROHALLI KOLAR POST OFFICE KOLAR - 563 101. …RESPONDENTS
(BY SRI. SPOORTHY HEGDE., HCGP FOR R1 TO R3 & R5;
SRI. AKARSH B.R.,ADVOCATE FOR R4;
SRI. A.B. DIVYATHEJ., ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE OFFICE OF THE RESPONDENT AUTHORITIES IN RESPECT OF LAND BEARING SY.NO.19/1 AD 54/2A2 OF HAROHALLI VILLAGE AND SY.NO.62/2 OF AMMERAHALLI VILLAGE, KOLAR TALUK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
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HC-KAR NC: 2025:KHC:49049 WP No. 12550 of 2023
ORAL ORDER
The petitioner has sought for issuance of writ of mandamus to consider representation dated 24.05.2023 at Annexure-F. The petitioner has made a representation to the Commissioner of City Municipal Council, Kolar, as well as Director of Municipal Administration, Kolar to the effect that the City Municipal Council allegedly to favour certain interests is seeking to form a road in private land owned by the petitioner. 2. Petitioner has detailed the properties owned by him as Sy.Nos.19/1, 54/2A2 of Harohalli Village and Sy.No.62/2 of Ammerahalli Village, Kolar. 3.
Learned counsel for the impleading applicants who seek to be impleaded in the present matter have sought intervention in the present proceedings and it is asserted that the impleading applicants are residents of Harohalli Village, Kolar District and the petitioner is in effect obstructing formation of road that is sought to be made to facilitate welfare of public. 4. Heard both sides. - 4 -
HC-KAR NC: 2025:KHC:49049 WP No. 12550 of 2023
5. Learned AGA submits that if the Municipal Authority were to form a road, needless to state, it would have to be in consultation with the Revenue Authorities. Further it is submitted that in the event the Municipal Authority were to rely on the entry regarding pathway found in the revenue map as on date, the revenue map would show that there is a 'kaludari', running in Sy.Nos.19/1 and 62/2 of the petitioner's property and in terms of the legend and as per the prevailing revenue manuals the 'kaludari' would be of a width to an extent of 2.5 meters only. 6. Learned counsel for the petitioner has submitted that if a road is to be formed, alignment of which is a matter to be taken note of by the authorities appropriately. 7. Taking note of the limited prayer in the present proceedings the petition is disposed of. The Municipal Authority may consider the representation dated 24.05.2023 at Annexure-F of the petitioner including additional representation, if any, made as regards the alignment of the road. - 5 -
HC-KAR NC: 2025:KHC:49049 WP No. 12550 of 2023
8. However, in the event the City Municipal Council is granted permission by the Revenue Authority to free the 'kaludari'. The same cannot be in excess of the width of 2.5 meters. Any further extension could be resorted to only if property is acquired. 9. All contentions are kept open. 10. Impleading application is allowed in light of the limited adjudication in the present matter. The representation of the impleading applicant is also open to considered by the City Municipal Council. SD/- (S SUNIL DUTT YADAV) JUDGE
RL List No.: 1 Sl No.: 35