Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:30204 WP No. 6110 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 6110 OF 2023 (LB-RES) BETWEEN:
SHAKUNTHALA, W/O SWMI GODA, AGED ABOUT 60 YEARS, GIRI GAHTTA VILLAGE, GANJIGERI POST, KUNDURU HOBLI, ALURU TALUK, HASSAN DISTRICT – 573 213. …PETITIONER (BY SRI.NAGARAJ B., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, VIDHANA SOUDHA, BENGALURU – 560 001, REPRESENTED BY ITS CHIEF SECRETARY.
2.
THE STATE OF KARNATAKA, DEPT. OF RURAL DEVELOPMENT, VIDHANA SOUDHA, BENGALURU – 560 001, REPRESENTED BY ITS ADDL. CHIEF SECRETARY.
Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:30204 WP No. 6110 of 2023
3.
PANDCHYATH PRESIDENT OF GIRI GAHTTA VILLAGE, GANJIGERI POST, KUNDURU HOBLI, ALURU TALUK, HASSAN DISTRICT – 573 213.
4.
PANDCHYATH DEVELOPMENT OFFICER OF GIRI GAHTTA VILLAGE, GANJIGERI POST, KUNDURU HOBLI, ALURU TALUK, HASSAN DISTRICT – 573 213.
5.
THE EXECUTIVE OFFICER, ALURU TALUK PANCHAYATH, HASSAN DISTRICT – 573 213.
6.
KARIGATTA HALU UTPADAKARA MAHILA SHAKARI SANGHA ®, ALUR TALUK, KARIGATTA VILLAGE, HASSAN DISTRICT – 573 213.
REPT. BY ITS PRESIDENT. …RESPONDENTS (BY SRI.BOPANNA BELLIAPPA, AGA FOR R-1 AND R-2;
SRI.M.S.DEVARAJU, ADVOCATE FOR R-3 TO R-5;
SRI.NARENDRA GOWDA, ADVOCATE FOR R-6)
**
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.3 AND 4 TO FALLOW THE IMPUGNED
ORDER DATED 19.01.2023 PASSED IN APPLICATION NO.03 OF 2022 BY THE EXECUTIVE OFFICER COURT AT ANNEXURE – B AND ETC.
- 3 -
HC-KAR NC: 2025:KHC:30204 WP No. 6110 of 2023
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
Aggrieved by certain construction put up by respondent No.6, the petitioner filed an appeal in Appeal No.3/2022-23 before the respondent No.5 - Executive Officer, Taluk Panchayat, Aluru, who has passed an order dated 09.01.2023 for providing access to the public by removing construction (electric pole) put up on the plot.
2. The present writ petition is filed by the petitioner to implement the order passed by respondent No.5 - Executive Officer, Taluk Pachayat, Aluru.
3. The learned counsel for respondents No.3 to 5, upon instructions, submits that the order passed by the respondent No.5 has been implemented.
- 4 -
HC-KAR NC: 2025:KHC:30204 WP No. 6110 of 2023
4. The learned counsel for the petitioner submits that the said order has been only implemented in part and portion of the road is still blocked by construction.
5. Whereas the learned counsel for respondent No.6 submits that they are taking steps to challenge the order dated 09.01.2023 passed by respondent No.5.
6. Admittedly, respondent No.5 has passed the
order dated 09.01.2023. Presently, the same is not yet challenged nor there is an order of stay against the said
order. Under the said circumstances, the respondents No.3 to 5 are required to give effect to the said order in its totality.
7. It is needless to state that respondent No.6 is having the liberty to challenge the
order dated 09.01.2023, passed by respondent No.5, in a manner known to law.
8. Under the circumstances, the following order is passed. i) The writ petition stands disposed of.
- 5 -
HC-KAR NC: 2025:KHC:30204 WP No. 6110 of 2023
ii) Respondents No.3 to 5 are directed to give effect to the order dated 09.01.2023 passed by respondent No.5 in Appeal No.3/2022-23, if not already given effect to.
Sd/- (M.I.ARUN) JUDGE
BMV* List No.: 1 Sl No.: 63