- 1 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23036 OF 2017 (GM-RES) BETWEEN: 1. PRAVEEN KUMAR AGED ABOUT 52 YEARS, S/O P.PARAS MAL R/AT SADHANA ROAD, K.R.EXTENSION, TUMAKURU-572101 2. SMT. DARSHANA P JAIN AGED ABOUT 52 YEARS, W/O PRAVEEN KUMAR, R/AT SADHANA ROAD, K.R.EXTENSION, TUMAKURU-572101 3. ANIL PORWAL AGED ABOUT 50 YEARS, S/O P.PARASMAL R/AT SADHANA ROAD, K.R.EXTENSION, TUMAKURU-572101 4. REKHA A JAIN AGED ABOUT 48 YEARS, W/O ANIL PORWAL R/AT SADHANA ROAD, K.R.EXTENSION, Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 TUMAKURU-572101 5. B.S.MANJUNATH AGED ABOUT 62 YEARS, S/O LATE B.S. SAMBASHIVAIAH, BHAVIKATTE KALYANA MANTAPA, SIRA ROAD TUMAKURU-572106 6. M.P.SANMATHI KUMAR AGED ABOUT 77 YEARS, S/O LATE M. PAYANNA, R/AT SIRA ROAD, TUMAKURU-572106 7. M/S PARMAR ENTERPRISES (REGISTERED) A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNERS, a) RAMESH PARAMAR, AGED ABOUT 60 YEARS, S/O LATE BABULAL PARAMAR, b) VIDYA PARAMAR AGED ABOUT 50 YEARS, W/O VINOD PARAMAR, BOTH RESIDING AT FIRST FLOOR, BAPAS KANKUNIKETHAN, 3RD MAIN ROAD, GANDHINAGAR, TUMAKURU-572102 8. M/S SHANKAR RICE INDUSTRIES A PARTNERSHIP FIRM REPRESENTED BY ITS PARTNERS, a) T.K.NAGARAJA SHETTY, AGED ABOUT 65 YEARS, S/O LATE G.B.KRISHNAIAH SHETTY, - 3 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 R/AT II MAIN, I CROSS, VASAVINAGAR, OPP B.C.BUNGALOW SIRA GATE, TUMAKURU-572106 b) T.K.RAMESH BABU AGED ABOUT 51 YEARS, S/O LATE G.B.KRISHNAIAH SHETTY, R/AT ISIRI, OPP TO ANIKETHAN VIDHYA MANDIR, BEHIND JAIN TEMPLE, VASAVINAGAR, SIRA GATE, TUMAKURU-572106 c) K.S. PUSHPAVATHI AGED ABOUT 57 YEARS, D/O LATE G.B.KRISHNAIAH SHETTY, R/AT NANJUNDESHWARA NILAYA, 22ND CROSS, CSI LAYOUT, TUMAKURU-572102 d) G.N.VIVEK AGED ABOUT 36 YEARS, S/O T.K.NAGARAJA SHETTY, R/AT II MAIN, I CROSS, VASAVINAGAR, OPP B.C. BUNGALOW, SIRA GATE, TUMAKURU-572106 e) G.N.VINOD AGED ABOUT 33 YEARS, S/O T.K.NAGARAJA SHETTY, R/AT II MAIN, I CROSS, VASAVINAGAR, OPP B.C. BUNGALOW, SIRA GATE, TUMAKURU-572106 - 4 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 f) K.S.SHANKAR AGED ABOUT 30 YEARS, S/O LATE K.N.SATHYANARAYANA, R/AT NANJUNDESHWARA NILAYA, 22ND CROSS, CSI LAYOUT TUMAKURU-572102 9. R.M.VIJAYKUMAR AGED ABOUT 63 YEARS, S/O S. MALLASETTAPPA, R/AT SHIVA GANESH, NEAR BHARAT PETROLEUM BUNK SIRA ROAD, TUMAKURU-572106 10. T.V.RAJENDRA KUMAR AGED ABOUT 51 YEARS, S/O T.S.VEERAKUMAR, R/AT DOOR NO.178, IST MAIN, SHARADADEVI NAGARA, OPP M.G.STADIUM, TUMAKURU-572102 11. T.S.VEERAKUMAR AGED ABOUT 80 YEARS, S/O M.V.SHANKARAPPA, R/AT DOOR NO.229, HORPETE, TUMAKURU-572101 12. PRAVEEN A SHA AGED ABOUT 46 YEARS, S/O LATE AJAY RAJ SHA R/AT MAHAVEER KUNJ 2ND CROSS, CSI LAYOUT, TUMAKURU-572101 13. G.P.UMESH KUMAR AGED ABOUT 70 YEARS, S/O LATE PADMANABAIAH, R/AT NO.76, SIRA GATE, - 5 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 SIRA ROAD, TUMAKURU-572101 14. M/S B.S.PADMARAJAIAH AND SHARADAMMA CHARITABLE TRUST, REPRESENTED BY ITS MANAGING TRUSTEE G.P.UMESH KUMAR, AGED ABOUT 70 YEARS, S/O LATE PADMANABAIAH, R/AT NO.76, SIRA GATE, SIRA ROAD, TUMAKURU-572101 15. A.V.SURESH BABU AGED ABOUT 70 YEARS, S/O LATE D. VARDHAMAN, SIRA ROAD, TUMAKURU-572101 16. ARAVIND KUMAR JAIN AGED ABOUT 52 YEARS, S/O NIRMAL CHAND JAIN, R/O NEW KARNATAKA BANGLE STORES, NO.1044, SHRI JINA KRUPA COMPLEX, BEHIND SHARADA PLYWOOD, ARALEPETE, TUMAKURU-572101 …PETITIONERS (BY SMT.H.T.ANNAPURNA, ADVOCATE FOR SRI.S.V.PRAKASH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, PUBLIC WORKS DEPARTMENT, M.S.BUILDING, BENGALURU-560 001 - 6 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 2. THE CHIEF ENGINEER NATIONAL HIGHWAYS, K.R.CIRCLE, DR.AMBEDKAR VEEDHI, BENGALURU-560001 3. THE SUPERINTENDING ENGINEER NATIONAL HIGHWAYS, K.R.CIRCLE, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 4. THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS, TUMAKURU DIVISION, KUNIGAL-TUMAKURU ROAD, TUMAKURU-572101 5. THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAYS, TUMAKURU SUB-DIVISION, KUNIGAL-TUMAKURU ROAD, TUMAKURU-572101 6. THE CHIEF ENGINEER KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT (KSHIP) K.R.CIRCLE, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 7. THE ASSISTANT EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT (KSHIP) SIRA GATE, TUMAKURU-572101 8. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU-572101 9. THE ASSISTANT COMMISSIONER - 7 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 TUMAKURU SUB-DIVISION TUMAKURU-572101 10. TUMAKURU CITY MUNICIPAL CORPORATION TUMAKURU CITY-572101, REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI.MAHANTESH SHETTAR, AGA FOR R1 TO 9, SRI.SAKSH M KRISHNA, ADVOCATE FOR R10) THIS WRIT PETITION IS FILED UNDER FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTION OF THE RESPONDENTS TO DEMOLISH THE PORTION OF THE BUILDINGS EXISTING ON THE SCHEDULE PROPERTIES DESCRIBED IN THIS W.P. AND TAKING OVER THE VACANT LAND OF THE PETITIONER FOR THE PURPOSE OF WIDENING THE WIDTH OF SIXTH RESPONDENT - TUMAKURU ROAD WITHOUT FOLLOWING THE PROCEDURES ESTALISHED BY LAW 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 E.S.INDIRESH ORAL ORDER Heard learned counsel appearing for the parties. 2. In this writ petition, the petitioners have sought direction to declare that the action of the respondents to demolish the portion of the building existing on the scheduled properties and taking over of the vacant land - 8 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 belonging to the petitioners for the purpose of widening the width of the 6th respondent-Tumkur Road, as without following the procedure established by law. 3. This Court, under similar circumstances in respect of the identical matters of this Court in the case of T.B.Shivakumar and Another Vs. State of Karnataka and Others in W.P.No.7252/2020, disposed of on 29.06.2022 at paragraph No.5, held as follows: "5. In view of the aforesaid submission, the writ petition is allowed. The respondents are directed not to demolish or take over possession of the respective property of the petitioners mentioned above, without following the due process of law and without the payment of compensation as provided under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. However, this order will not come in the way of the respondent No.10 in initiating any lawful action against any unauthorised construction put up by them in their respective property." 4. Following the declaration of law made by this Court in the above case, I am of the view that the writ - 9 - HC-KAR NC: 2025:KHC:43362 WP No. 23036 of 2017 petition is disposed of in terms of the order passed by this Court referred to above. Accordingly, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE rv List No.: 1 Sl No.: 33