- 1 - HC-KAR NC: 2025:KHC:29862-DB WP No. 1710 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 1710 OF 2021 (LB-RES-PIL) BETWEEN: 1. SMT KANAKAMBUJA W/O RAMESH NIRMANIK AGE 72 YEARS OCC RETIRED GOVT OFFICER R/O 5TH CROSS 18TH WARD SHANKARAPURAM TUMAKURU 2. AMARNARAYAN S/O LATE K N L GUPTA AGE 42 YEARS OCC BUSINESS R/O K R PURAM EXTENSION B H ROAD TUMAKURU-572102 3. L A RAGHAVENDRA S/O L ASHWATHNARAYANA AGE 37 YEARS OCC BUSINESS R/O SAMRUDHI 5TH CROSS 2ND MAIN SHANKARAPURAM TUMAKURU 4. ALBERT MANORAJ S/O LATE VISHWANATH AGE 64 YEARS OCC RETIRED GOVT. OFFICER R/O 31 SOUBHAGYA NILAYA SHANKARAPURAM TUMAKURU Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29862-DB WP No. 1710 of 2021 5. B S NANJAN PRASAD S/O B S SATYANARAYANA SHETTY AGE 59 YEARS OCC BUSINESS R/O LAKSHMIDEVI 5TH CROSS NEAR DODDAMANE NURSING HOME SHANKARAPURAM BENGALURU 6. SHRIYAN LEVI S/O RAMESH AGE 36 YEARS OCC EMPLOYEE IN PRIVATE SECTOR R/O SOWGANDIKA 5TH CROSS SHANKARAPURAM TUMAKURU-572102 …PETITIONERS (BY SRI. CHETHAN KUMAR L, ADVOCATE FOR SMT. POORNIMA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT M S BUILDING BENGALURU BY ITS PRINCIPAL SECRETARY 2. THE DIRECTOR MUNICIPAL ADMINISTRATION M S BUILDING BENGALURU 3. THE DEPUTY COMMISSIONER TUMAKURU REVENUE DISTRICT TUMAKURU 4. TUMAKURU MUNICIPAL CORPORATION TUMAKURU BY ITS COMMISSIONER 5. TUMAKURU URBAN DEVELOPMENT AUTHORITY (TUDA) TUMAKURU - 3 - HC-KAR NC: 2025:KHC:29862-DB WP No. 1710 of 2021 BY ITS COMMISSIONER 6. TUMAKURU SMART CITY LTD BY ITS EXECUTIVE OFFICER 7. T S GATTI S/O LATE T A SHIVANNA AGE 66 YEARS OCC BUSINESS R/O SOWGANDIKA 5TH CROSS SHANKARAPURAM TUMAKURU-57210 8. ANAND KUMAR S/O LATE T A SHIVANNA AGED ABOUT 60 YEARS OCC BUSINESS R/O HORAPET MAIN ROAD TUMAKURU TOWN TUMAKURU …RESPONDENTS (BY SMT NILOUFER AKBAR, AGA FOR R1 TO R3 SRI SUBRAMANYA R, ADVOCATE FOR R4 SRI SHANMUKHAPPA, ADVOCATE FOR R5 SRI B R SRIVATSA, ADVOCATE FOR R6 SRI K R KUMAR, ADVOCATE FOR R7 R8 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NO. 4 TO REMOVE THE ILLEGAL OBSTRUCTION PUT UP ON STREET WAY IN 5TH CROSS, SHANKARAPURAM, TUMAKURU BY RESPONDENT NO. 7 AND 8 AS SHOWN IN THE CERTIFIED MAP AT ANNEXURE - A1 IMMEDIATELY & ETC. - 4 - HC-KAR NC: 2025:KHC:29862-DB WP No. 1710 of 2021 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. Despite several opportunities, the office objection has not been complied with. 2. The present petition being a Public Interest Litigation [PIL], is required to be accompanied by a necessary affidavit. The same having not been filed, we dismiss the present petition. 3. We have also briefly examined the controversy, and prima facie find it difficult to accept whether the relief as sought for, can be granted. The petitioner essentially seeks that an obstruction be removed between his residential site and the road. A layout map has been produced by the respondent, which indicates that the layout does not contemplate a road between the petitioner's site and the main road. The access to the petitioner's site is from different roads which are reflected in the layout plan. However - 5 - HC-KAR NC: 2025:KHC:29862-DB WP No. 1710 of 2021 since it is stated that the counsel who is to advance submission is not present, we consider it apposite to dismiss the present appeal. 4. Accordingly, the present petition is dismissed, however, leaving it open for the petitioner to file a fresh petition, in accordance with law. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 58