- 1 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.15290 OF 2025 (LB-RES) C/W WRIT PETITION NO.15811 OF 2025 (LB-RES) IN W.P.No.15290/2025 BETWEEN: 1. SMT. LATHAMANI C T W/O. NATARAJA B, AGED ABOUT 52 YEARS, OCC:BUSINESS AND AGRICULTURE R/O. KANDIKERE VILLAGE, YERAVALLI POST, HIRIYUR TALUK, CHITRADURGA-577 598. 2. B.P. GANGADHAR S/O. PEEKYA NAIKA, AGED ABOUT 61 YEARS OCC:BUSINESS AND AGRICULTURIST R/O. 'RAM PRAKASH NILAYA' KUVEMPU NAGARA, HULIYAR ROAD, HIRIYUR, HIRIYUR TOWN CHITRADURGA-577 598. 3. SRI. DR. MURTHY H. S/O. HEMLA NAIKA, AGED ABOUT 55 YEARS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 OCC: DOCTOR, R/O. HULIYAR ROAD, HIRIYUR TOWN, HIRIYUR TALUK, CHITRADURGA-577 598. 4. H.R. SRINATH, S/O. LATE H.P. RAMALINGA SETTY AGED ABOUT 55 YEARS, OCC:BUSINESS, R/O. BAMBOO BAZAR ROAD, HIRIYUR TOWN, HIRIYUR TALUK, CHITRADURGA-577 598. 5. R. MANJUNATH, S/O. LATE RAMALINGA SETTY, AGED ABOUT 60 YEARS, OCC: BUSINESS, R/O. 'SAPTASARITHA NILAYA (SINDHU)' VBP ROAD, HIRIYUR TOWN, HIRIYUR TALUK, CHITRADURGA-577 598. 6. AFIZ KHAN, S/O. LATE MOHIDDIN KHAN AGED ABOUT 65 YEARS OCC: BUSINESS, R/O. VISHWESHWARAYYA LAYOUT, 1ST CROSS, NEAR PUSHPANJALI THEATER, HULIYARU ROAD, HIRIYUR TOWN, HIRIYUR TALUK, CHITRADURGA-577 598. …PETITIONERS (BY SRI. S V PRAKASH, ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 AND: 1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, (AN AUTHORITY CONSTITUTED UNDER NATIONAL HIGHWAYS AUTHORITY INDIA ACT, 1988) G5 AND G6, SECTOR-10, DWARAKA, NEW DELHI-110 075. 2. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT M.S. BUILDING, BENGALURU-560 001. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT GOVERNMENT OF KARNATAKA 4TH FLOOR, VIKASA SOUDHA BANGALORE-01. 4. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577 501. 5. THE TAHSILDAR HIRIYUR TALUK, HIRIYUR, CHITRADURGA DISTRICT-577 598. 6. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C AND B), K.R. CIRCLE, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. - 4 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 7. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CHITRADURGA, CHITRADURGA DISTRICT-577 501. 8. THE CITY MUNICIPAL COUNCIL, HIRIYUR TOWN, HIRIYUR, CHITRADURGA DISTRICT-577 598 BY ITS CHIEF OFFICER. 9. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, HIRIYUR, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 598. …RESPONDENTS (BY SRI SHOBIT N. SHETTY, ADVOCATE FOR R.1 SRI. H.K. KENCHEGOWDA, ADVOCATE FOR R.2 TO R.7 AND R.9; SRI S. MAHESH, ADVOCATE FOR R.8.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT DECLARING THE CONTEMPLATED ACTION OF THE RESPONDENT-AUTHORITIES IN TAKING OVER THE PORTION OF THE SCHEDULE PROPERTIES BY DEMOLISHING THE PORTION OF THE BUILDINGS WITHOUT FOLLOWING THE PROCEDURES ESTABLISHED BY LAW AS ARBITRARY, ILLEGAL AND IN FLAGRANT - 5 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 VIOLATION OF THEIR CONSTITUTIONAL RIGHTS RECOGNIZED UNDER ARTICLE 300A OF CONSTITUTION OF INDIA, ETC. IN W.P.NO.15811/2025 BETWEEN: 1. SMT. N TULASI BAI W/O LATE B. NARAYANA RAO, AGED ABOUT 82 YEARS, OCC: HOUSE MAKER. 2. 3. N. ASHWATH KUMAR S/O LATE B. NARAYANA RAO AGED ABOUT 63 YEARS OCC: BUSINESS N. ARUN KUMAR S/O LATE B. NARAYANA RAO AGED ABOUT 60 YEARS OCC: BUSINESS ALL ARE R/O. 'TULASI NILAYA' CHURCH ROAD, HIRIYUR TOWN, HIRIYUR TALUK, CHITRADURGA-577 598. … PETITIONERS (BY SRI. S V PRAKASH, ADVOCATE) AND: 1. THE NATIONAL HIGHWAYS AUTHORITY OF INDIA REPRESENTED BY ITS CHAIRMAN, (AN AUTHORITY CONSTITUTED UNDER - 6 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 NATIONAL HIGHWAYS AUTHORITY INDIA ACT, 1988) G5 AND G6, SECTOR-10, DWARAKA, NEW DELHI-110 075. 2. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS, PORTS AND INLAND WATER TRANSPORT DEPARTMENT M.S. BUILDING, BENGALURU-560 001. 3. THE PRINCIPAL SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT GOVERNMENT OF KARNATAKA 4TH FLOOR, VIKASA SOUDHA BANGALORE-01. 4. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577 501. 5. THE TAHSILDAR HIRIYUR TALUK, HIRIYUR, CHITRADURGA DISTRICT-577 598. 6. THE CHIEF ENGINEER PUBLIC WORKS DEPARTMENT (C AND B), K.R. CIRCLE, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 7. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CHITRADURGA, CHITRADURGA DISTRICT-577 501. - 7 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 8. THE CITY MUNICIPAL COUNCIL, HIRIYUR TOWN, HIRIYUR, CHITRADURGA DISTRICT-577 598 BY ITS CHIEF OFFICER. 9. THE ASSISTANT EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, HIRIYUR, HIRIYUR TALUK, CHITRADURGA DISTRICT-577 598. …RESPONDENTS (BY SRI SHOBIT N. SHETTY, ADVOCATE FOR R.1 SRI. H.K. KENCHEGOWDA, ADVOCATE FOR R.2 TO R.7 AND R.9; SRI S. MAHESH, ADVOCATE FOR R.8.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE/COMMUNICATION DATED 20.05.2025 ISSUED BY THE 8TH RESPONDENT BEARING NO.HI.NA.SA.NYA.SHAKHE/CR:24/2025-26 ON THE PETITIONERS PRODUCED AS ANNEXURE-M AND NOTICE/COMMUNICATION DATED 21.05.2025 ISSUED BY THE 8TH RESPONDENT BEARING NO.HI.NA.SA.NYA.SHAKHE/CR:24/205-26 ON THE PETITIONERS PRODUCED AS ANNEXURE-N, ETC. THESE PETITIONS, 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 - 8 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 ORAL ORDER 1. On the ground that the petitioners have encroached upon footpath, road and other public areas and have constructed a building illegally, notices relating to demolition of illegal construction have been issued against the petitioners by the Commissioner of City Municipal Council, Hiriyur (respondent No.8). 2. It is observed that the petitioners are having an alternative and efficacious remedy under Section 322 of the Karnataka Municipalities Act, 1964. 3. For the aforementioned reasons, the following order is passed: ORDER (i) The writ petitions are hereby dismissed reserving liberty to the petitioners to file a revision petition under Section 322 of the Karnataka Municipalities Act, 1964 in the manner known to law; (ii) The petitioners are granted three weeks' time from today to file the necessary revision before the revisional authority; - 9 - HC-KAR NC: 2025:KHC:37806 WP No. 15290 of 2025 C/W WP No. 15811 of 2025 (iii) If the petitioners were to prefer a revision petition within the said period of three weeks, in that event, the respondents shall not precipitate the matter against the petitioners till a suitable order is passed by the revisional authority. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 0