- 1 - HC-KAR NC: 2025:KHC:32473 WP No. 28867 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28867 OF 2023 (KLR-RES) BETWEEN: 1. M/S KSHETHRA FARMS A PARTNERSHIP FIRM HAVING ITS REGISTERED OFFICE AT NO 10-117/1/1 AKASAM LEVEL NO MASAB TANK HYDERABAD 560004 TELANGANA STATE TODAY CAMP AT BENGALURU REP BY PARTNERS a. b. MRS. KAMASKSHI JYOSNA RAYABARAPU W/O RAMAKRISHNA RAYABARAPU AGED 39 YEARS M/S. NUMBER CRUNCHERS CAREERS PVT. LTD., INCORPORATED UNDER COMPANIES ACT U93000AP2011PTC072534 REGD. OFFICE AT 10-1-17/1/1 MASAB TANK, HYDERABAD TELANGANA-500028 REP BY ITS DIRECTOR MR. RAGHUNATH AKASAM BOTH ARE REP BY THEIR GPA HOLDER MR K HEMANTH KUMAR S/O LATE K NARAYANA RAJU Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32473 WP No. 28867 of 2023 R/AT 34 NO 2-49, VASANATH NAGAR VADAMALAPETA MANDAL SRI BOMMARAJAPURAM CHITTOOR, ANDHRA PRADESH 571571 …PETITIONER (BY SRI. PRAKASH TIMMANNA HEBBAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT 5TH FLOOR, MULTI STORIED BUILDING DR B R AMBEDKAR ROAD VIDHANA VEEDHI, BENGALURU 560001 REP BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPUR TOWN AND DISTRICT CHIKKABALALPUR 562101. 3. THE TAHSILDAR CHIKKABALLAPUR TALUK OFFICE COMPOUND CHIKKABALLAPUR TOWN AND DISTRICT- 562101 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE FILE OF THE R-3 CULMINATING IN PASSING OF THE IMPUGNED ORDER PASSED BY THE R-3 THASILDAR ON 21.10.2023 BEARING NO. NCR/CR/83-2023-24 AT ANNX-A PERUSE THE SAME AND HEAR THE PARTIES AND FURTHER BE PLEASED TO QUASH THE IMPUGNED ORDER DTD 21.10.2023 BEARING NO. NCR/CR/83/2023-24 PASSED BY THE R-3 TAHSILDAR AT ANNX-A AND ETC. - 3 - HC-KAR NC: 2025:KHC:32473 WP No. 28867 of 2023 THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the impugned order at Annexure ‘A’ dated 21.10.2023 passed by the Tahsildar, Chikkaballapura Taluk. Learned Counsel for the petitioner submits that the Tahsildar has passed the impugned order declaring that a public road will have to be formed in Sy.Nos.72, 71, 108, 109, 110, 111, 112, 113, 38, 37, 33 and 34 of Kadadibburu Village, in terms of the recommendation of the concerned Minister. 2. Learned Counsel submits that firstly, the Tahsildar has no such powers. Secondly, a public road cannot be formed on a private property without following the due process of law. Learned Counsel submits that if the respondent-State and its authorities are so interested in forming the road passing through the property belonging to the petitioner, they may be directed to do so only in - 4 - HC-KAR NC: 2025:KHC:32473 WP No. 28867 of 2023 accordance with law after acquiring the property and paying the compensation to the petitioner. 3. Learned Counsel Sri Shiva Murugan, appearing for the impleading applicants seeks to contend that there is no infirmity in the impugned order passed by the Tahsildar. However, to a pointed question put to the learned Counsel for the impleading applicants to show which is the provision that would enable the Tahsildar to form a public road on a private property, there is no answer coming from the learned Counsel. Learned Counsel however submits that a road already exists on the properties mentioned in the impugned order and therefore, the authorities can proceed to form a road. 5. In the considered opinion of this Court, only the competent authority under the provisions of Karnataka Land Revenue Act, would be empowered to take such action for formation of a road. It is also well settled that if any part of a private property is needed for public purpose, then the State is required to take action for - 5 - HC-KAR NC: 2025:KHC:32473 WP No. 28867 of 2023 acquiring the land and putting it for public use, only after following the due process of law. If the Tahsildar is of the opinion that as per the Village map there exists a road, then notice will have to be issued to all the adjoining khatedars for the purpose of formation of the road and after giving opportunity of hearing to the khatedar the competent authority may proceed in accordance with law. 6. Accordingly, the writ petition is allowed. The impugned order at Annexure ‘A’ is hereby quashed and set aside. Liberty is however reserved to the respondent- State and its authorities to proceed if they do want to form a road, however, only in accordance with law. Pending I.As., if any, stand disposed of. Sd/- (R DEVDAS) JUDGE JT/- CT: JL