- 1 - HC-KAR NC: 2025:KHC:52758 WP No. 15907 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 15907 OF 2023 (LB-RES) BETWEEN: M. GOVINDARAJU S/O LATE MARAIAH, AGED ABOUT 59 YEARS, GANDARAGOLIPURA VILLAGE, SHYAKALADEVANAPURA POST, DODDABALLAPURA TALUK, DODDABALLAPURA-561204. …PETITIONER (BY SRI. MURUGESH V CHARATI, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT AND PANCHAYATHRAJ, M.S. BUILDING, AMBEDKAR STREET, BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. TALUK PANCHAYATH, RURAL DEVELOPMENT AND PANCHAYATH RAJ DODDABALLAPURA, REPRESENTED BY ITS EXECUTIVE OFFICER DODDABALLAPURA TALUK DODDABALLAPURA-561204. 3. HONNAWARA GRAM PANCHAYATH REPRESENTED BY ITS PANCHAYATH DEVELOPMENT OFFICER HONNAWARA, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT-561204 …RESPONDENTS Digitally signed by SACHIN Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:52758 WP No. 15907 of 2023 (BY SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1; SRI. M.S.DEVARAJU, ADVOCATE FOR RESPONDENT NOS.2 AND 3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND AND THE 3RD RESPONDENTS TO TAKE APPROPRIATE STEPS TO IMPLEMENT THE RESOLUTION DATED 06.06.2022 WHICH IS PRODUCED AND MARKED AS ANNEXURE-M TO THE WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ ORAL ORDER The petitioner has sought for a writ in the nature of mandamus to direct the respondent Nos.2 and 3 to take appropriate steps to implement the resolution dated 06.06.2022 passed by the respondent No.3 – Honnavara Gram Panchayat (henceforth referred to as ‘the Panchayat’). He has also sought for a direction to the respondent Nos.2 and 3 to consider his representations dated 19.04.2021 and 20.04.2021 and take appropriate action for removal of the encroachment as mentioned in the representations. - 3 - HC-KAR NC: 2025:KHC:52758 WP No. 15907 of 2023 2. The petitioner contends that he is a resident of Gandaragolipura village. A resident of the same village named Mr. Vijaykumar had allegedly encroached a public road which connects to the house of the petitioner. The petitioner submitted a representation to the respondent No.3 on 19.04.2021 requesting it to take action for removal of the encroachment. This was followed by another representation dated 20.04.2021 to the respondent No.2. Respondent No.3 did not take any action for the removal of the encroachment. Therefore, the petitioner approached the respondent No.2, which issued a memorandum dated 26.04.2021 to the respondent No.3 to address the grievance of the petitioner and take action in accordance with law. The respondent No.3 then issued a notice dated 06.07.2021 to Mr. Vijaykumar to remove the encroachment on the public road. However, no action was taken by Mr. Vijaykumar. Hence, a representation dated 28.03.2022 was submitted by the petitioner to the respondent No.3. The petitioner contends that after continuous follow-up, the respondent No.3 held a general body meeting on 06.06.2022 whereat it was decided that the aforesaid Mr.Vijaykumar had encroached into a portion of the public road - 4 - HC-KAR NC: 2025:KHC:52758 WP No. 15907 of 2023 and that the same will be removed. The respondent No.2 then addressed a memorandum dated 18.11.2022 to the respondent No.3 to take action pursuant to the representation of the petitioner in accordance with law after visiting the spot. The petitioner contends that despite this, the respondent No.3 has not taken any action and has not implemented the said resolution of the Panchayat. The petitioner is, therefore, before this Court seeking for a direction as stated above. 3. Learned counsel for the petitioner reiterated the above submissions and submitted that a direction be issued to the respondent No.3 to implement the resolution of the Panchayat dated 06.06.2022 and also take action to remove the encroachment. 4. Learned counsel for the respondent Nos.2 and 3 after securing instructions from the respondent No.3 submits that after the resolution of the Panchayat dated 06.06.2022, notices were issued to Mr. Vijaykumar as well as the petitioner to produce documents. However, neither the petitioner nor Mr. Vijaykumar has produced any documents. Therefore, the respondent No.3 has not taken any action. He submits that the - 5 - HC-KAR NC: 2025:KHC:52758 WP No. 15907 of 2023 respondent No.3 would comply with any directions that may be issued by this Court. 5. It appears from the records produced along with the writ petition that the respondent No.3 has passed a resolution on 06.06.2022 to remove the encroachment on the road leading to the house of the petitioner. The file placed on record by the learned counsel for the respondent No.3 shows that after the resolution dated 06.06.2022, notice was issued to respondent No.3 to take action. The respondent No.2 had also directed the respondent No.3 to inspect the spot and take action to remove the encroachment. It is sad that even after three years, the respondent No.3 has not taken any action. 6. In that view of the matter, the respondent No.3 is directed to take necessary action in accordance with law against Mr. Vijaykumar. 7. It is needless to mention that before taking any action, the respondent No.3 shall issue appropriate notice to Mr. Vijaykumar and after hearing him, shall take necessary action in accordance with law. This shall be done within a - 6 - HC-KAR NC: 2025:KHC:52758 WP No. 15907 of 2023 period of three months from the date of receipt of a certified copy of this order. Accordingly, the Writ Petition is disposed off. Sd/- (R. NATARAJ) JUDGE SMA List No.: 1 Sl No.: 61