- 1 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.14801 OF 2022 (LB-RES) BETWEEN: 1. SMT. SINGARI GANIGA W/O MAHABALA GANIGA AGED ABOUT 74 YEARS R/AT THOTABYLU KANYANA VILLAGE KUNDAPUR TALUK UDUPI DISTRICT - 576 283 REP BY HER GPA HOLDER SRI CHANDRA M. 2. SRI SURESH GANIGA S/O MAHABALA GANIGA AGED ABOUT 49 YEARS R/AT THOTABYLU KANYANA VILLAGE KUNDAPUR TALUK UDUPI DISTRICT - 576 283. …PETITIONERS (BY SRI. MITHUN G A., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 M S BUILDING BENGALURU - 560 001. 2. THE DISTRICT COMMISSIONER UDUPI DISTRICT - 574 106. 3. THE ASSISTANT COMMISSIONER KUNDAPUR DIVISION KUNDAPUR TALUK - 576 201. 4. THE TAHSILDAR TALUK OFFICE, UDUPI CIRCUIT HOUSE ROAD BANANJE UDUPI - 576 101. 5. VILLAGE ACCOUNTANT KATBELTHUR KUNDAPURA TALUK - 576 230. 6. REVENUE INSPECTOR KATBELTHUR KUNDAPURA TALUK - 576 230. 7. THE CHIEF EXECUTIVE OFFICER TALUK PANCHAYAT KUNDAPURA - 576 201. 8. THE PANCHAYAT DEVELOPMENT OFFICER HATTIYANGADI GRAMA PANCHAYATH KUNDAPUR TALUK UDUPI DISTRICT - 576 283. 9. UDUPI ZILLA PANCHAYATH CHIEF EXECUTIVE OFFICER - 3 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 RAJATHADRI 'C' BLOCK MANIPAL, UDUPI - 576 104. 10. SRI T G GURURAJ GANIGA S/O SRI T GOPAL AGED ABOUT 40 YEARS R/AT 'SUPRIYA NILAYA' THOTABYLU, KANYANA VILLAGE KUNDAPURA TALUK - 576 230. 11. SRI SHEKAR GANIGA S/O MAHABALA GANIGA AGED ABOUT 48 YEARS R/AT THOTABYLU, KANYANA VILLAGE KUNDAPURA TALUK - 576 230. 12. SRI UDAYA GANIGA S/O SHANKAR GANIGA AGED ABOUT 40 YEARS R/AT 'VASUDEVA NILAYA' THOTABYLU, KANYANA VILLAGE KUNDAPURA TALUK - 576 230. 13. SRI SANDEEPA GANGIGA S/O SANJEEVA GANIGA AGED ABOUT 35 YEARS R/AT 'VASUDEVA NILAYA' THOTABYLU, KANYANA VILLAGE KUNDAPURA TALUK - 576 230. 14. RAJEEV SHETTY S/O NARAYANASHETTY AGED ABOUT 48 YEARS SHETRAKATTE, KENCHANURU PRESENT PANCHAYAT MEMBER - 4 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 KUNDAPURA TALUK - 576 230. 15. SMT. SAVITHA SRINIVASA GANIGA W/O VENKATARAMANA GANIGA AGED ABOUT 30 YEARS R/AT THOTABYLU, KANYANA VILLAGE KUNDAPURA TALUK - 576 230. 16. SRI CHANDRA SHEKAR SHETTY S/O SANJEEV SHETTY AGED ABOUT 40 YEARS R/AT THOTABYLU, KANYANA VILLAGE KUNDAPURA TALUK - 576 230. 17. SRI SUBRAMANYA GANIGA S/O NARAYANA GANIGA AGED ABOUT 48 YEARS R/AT PADUKONE VILLAGE KUNDAPURA TALUK UDUPI DISTRICT - 576 230. 18. SRI SANTHOSH KUMAR SHETTY S/O NARAYANA SHETTY AGED ABOUT 48 YEARS R/AT THOTABYLU, KANYANA VILLAGE KUNDAPURA TALUK UDUPI DISTRICT- 576 230. 19. SRI MANJUNATH KATEKAR P.D.O. HATTIYANGADI GRAMA PANCHAYAT HATTIYANGADI, KUNDAPURA TALUK UDUPI DISTRICT - 576 283. 20. SRI PRATHAP SHETTY - 5 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 VICE PRESIDENT HATTIYANGADI GRAMA PANCHAYAT HATTIYANGADI, KUNDAPURA TALUK UDUPI DISTRICT - 576 283. 21. SRI AMBRATHA BHANDARY PRESIDENT HATTIYANGADI GRAMA PANCHAYAT HATTIYANGADI, KUNDAPURA TALUK UDUPI DISTRICT - 576 283. 22. SRI VITTALA SHETTY MEMBER OF HATTIYANGADI GRAMA PANCHAYAT KANYANA VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT - 576 230. 23. SRI SRINIVASA GANIGA S/O BACHA GANIGA HAREGODU KATBELTHUR VILLAGE AND POST KUNDAPURA TALUK UDUPI DISTRICT - 576 230. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R.1 TGO R.5; SRI K. PRASANNA SHETTY, ADVOCATE FOR R.8; SRI ASHOK N. NAYAK, ADVOCATE FOR R.7 AND R.9; SRI SATHISH K., ADVOCATE FOR R.10 TO R.12; R.6 : SERVED; R.13 TO R.23: NOTICE DISPENSED WITH VIDE COURT ORDER DATED 03.08.2022.) - 6 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS AGAINST THE RESPONDENT NOS.8, 5 AND 6 PROHIBITING THEM NOT TO INTERFERE WITH THE PETITIONER'S LAND, WHO BEING THE ABSOLUTE OWNER SINCE FROM THE DATE OF GRANT VIDE GRANT CERTIFICATE NO.NCR NR.369/98-99 DATED 06.05.1998 VIDE ANNEXURE-C TO FORM PANCHAYATI ROAD WITHOUT DUE PROCESS OF LAW OR INITIATING ACQUISITION, ETC. THIS PETITION, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The writ petition is filed by the petitioners with the following prayers:- "a) Issue a writ of mandamus against the Respondent No.8 and Respondents No.5 and 6 prohibiting them not to interfere with the Petitioner's land, who being the absolute owner since from the date of grant vide Grant Certificate No.NCR NR369/98-99 dated 06.05.1998 vide Annexure-C to form Panchayati Road without due process of law or initiating acquisition; b) Consequently, setting aside the Notice dated 10.09.2020 vide No. Ha.Gra. Pa. No. /2020-21 vide ANNEXURE-H issued by Respondent No.8 in - 7 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 respect of land bearing Sy. No.150/3A measuring 1 Acres-24 Guntas, situated at Katta Belthuru Village, vandse Hobli, Kundapura Taluk and Sy.No.105/P2 measuring of 1 Acres-38 Guntas, situated at Kanyana village, Vandse Hobli, Kundapura Taluk in the interest of justice and equity; c) To direct the Respondents No.8, Respondents No.5 and 6 and also Respondents 10 to 23 jointly or severally to pay the damages caused to the petitioner's land in the interest of justice and equity; d) to grant such other relief/s as this Hon'ble Court deems fit to grant in the circumstances of the case, in the interest of justice and equity.” 2. The petitioners claims to have been granted 64 cents of land in Sy.No.150/3A and 78 cents of land in Sy.No.105/P2 of Katta Belthuru Village, Vandse Hobli, Kundapura Taluk. The dispute pertains to existence of a road on the land granted to the petitioners in Sy.No.150/3A. The petitioners contend that there is no road and village Authorities are trying to forcibly form a - 8 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 road on the properties of the petitioners without following the due process. 3. Per contra, the learned counsel for the respondents submits that a Village road has been in existence on the properties of the petitioners much earlier to the properties being granted to the petitioners and the petitioners cannot now obstruct the formation of a road. 4. The writ petition essentially involves a disputed question of fact, which may not be appropriate for this Court to decide while exercising its power under Article 226 of the Constitution of India. 5. For that reason, the writ petition is hereby dismissed reserving liberty to the petitioners to approach the Civil Court for appropriate reliefs. However, parties are directed to maintain status-quo in respect of the alleged existence or non-existence of the road concerned for a period of three weeks from today or till the trial Court passes appropriate orders whichever is earlier. It is - 9 - HC-KAR NC: 2025:KHC:29616 WP No. 14801 of 2022 hereby clarified that no opinion has been expressed on the merits of the case and the Civil Court shall consider the case of the petitioners based on the materials placed before it. Pending interlocutory applications, if any, stand disposed of. SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 41