- 1 - HC-KAR NC: 2026:KHC:20774 WP No. 7113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 7113 OF 2025 (GM-RES) BETWEEN: 1. SRI. JAGADISH S/O LATE ERAPPA AGED ABOUT 50 YEARS 2. SRI PRAKASHA T.E. S/O LATE ERAPPA AGED ABOUT 48 YEARS BOTH ARE RESIDING AT THIRUMALASHETTIHALLI ANUGONDANAHALLI HOBLI HOSAKOTE TALUK-560 067 BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. SURESHA .M, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS ADDL. CHIEF SECRETARY AND DEVELOPMENT COMMISSIONER KARNATAKA RURAL ROADS DEVELOPMENT AGENCY (KRRDA) VIDHANA SOUDHA, BENGALURU 560 001. 2. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA TRANSPORT DEPARTMENT M.S. BUILDINGS, BENGALURU 560 001. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20774 WP No. 7113 of 2025 3. THE CHIEF EXECUTIVE OFFICER KARNATAKA RURAL ROADS DEVELOPMENT AGENCY (KRRDA) NO.305, 3RD FLOOR, M.S. BUILDINGS BENGALURU 560 001 4. THE CHIEF OPERATING OFFICER KARNATAKA RURAL ROADS DEVELOPMENT AGENCY (KRRDA) 3RD FLOOR, GRAMEENABHIVRUDHI BHAVAN ANANDARAO CIRCLE, BENGALURU 560 009. 5. THE EXECUTIVE ENGINEER KARNATAKA RURAL ROADS DEVELOPMENT AGENCY (KRRDA) 3RD FLOOR, GRAMEENABHIVRUDHI BHAVAN ANANDARAO CIRCLE, BENGALURU 560 009. 6. THE PANCHAYATH DEVELOPMENT OFFICER SAMENATHANAHALLI GRAMA PANCHAYATH SAMETHANAHALLI POST ANUGONDANAHALLI HOBLI BENGALURU-560 067. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 AND R2; SRI. MANU .K, ADVOCATE FOR R3 TO R5; SRI. D.V. VENKATESH, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO FORM / WIDEN THE ROAD OR ROADS IN THE PETITIONER'S LAND WITHOUT FOLLOWING THE DUE PROCESS OF LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2026:KHC:20774 WP No. 7113 of 2025 ORAL ORDER The captioned writ petition is instituted invoking the extraordinary jurisdiction of this Court under Article 226 of the Constitution of India, seeking a writ of mandamus directing respondent Nos.1 to 5 to duly notify, acquire and thereafter form a road over the subject property strictly in accordance with law. The grievance of the petitioners is founded on an imminent and real apprehension that the respondent–authorities, without initiating any lawful acquisition proceedings, are attempting to lay a road by encroaching upon the petitioners’ land and demolishing the immovable structures standing thereon. It is in this backdrop, the petitioners are constrained to approach this Court seeking protective and corrective reliefs. 2. Heard the learned counsel appearing for the petitioners, learned Additional Government Advocate appearing for respondent Nos.1 and 2 and the learned standing counsel appearing for respondent Nos.3 to 6. Perused the material on record with utmost care. - 4 - HC-KAR NC: 2026:KHC:20774 WP No. 7113 of 2025 3. On a meticulous examination of the records, particularly the photographs produced at Annexures–F, F1 and F2, this Court finds prima facie substance in the apprehension voiced by the petitioners. The said photographs unmistakably indicate that the respondent– authorities have already demarcated/marked the petitioners’ property with an apparent intention to carve out a road. Such an action, if undertaken dehors the procedure established by law, cannot be countenanced. 4. It is trite that though the right to property is no longer a fundamental right, it continues to be a valuable constitutional right protected under Article 300A of the Constitution of India. The said provision, which embodies a constitutional limitation on State action, mandates that no person shall be deprived of his property save by authority of law. The expression “authority of law” has been consistently interpreted to mean a validly enacted law coupled with strict adherence to the procedure prescribed therein. - 5 - HC-KAR NC: 2026:KHC:20774 WP No. 7113 of 2025 5. The right under Article 300A of the Constitution of India, though not elevated to the pedestal of a fundamental right, nevertheless partakes the character of a constitutional guarantee against arbitrary State action. The State and its instrumentalities cannot, under the guise of public purpose, appropriate or utilize private property without resorting to a legally sanctioned acquisition mechanism. Any attempt to dispossess a citizen without initiating acquisition proceedings and without payment of just compensation would amount to a colourable exercise of power and a direct infraction of Article 300A. 6. In the present case, respondent Nos.1 and 2, being the acquiring authorities, and respondent Nos.3 to 6, being the beneficiary agencies, may indeed have the authority to form a public road in furtherance of public interest. However, such authority is not unbridled. The formation of a road, howsoever laudable the object may be, must necessarily be preceded by due acquisition proceedings in strict conformity with the mandate of law. - 6 - HC-KAR NC: 2026:KHC:20774 WP No. 7113 of 2025 The photographs on record clearly indicate that the respondents are poised to proceed with the formation of the road by interfering with the petitioners’ possession and by potentially demolishing existing structures, without following due process. 7. This Court cannot remain a silent spectator to such high-handed action. If permitted, the same would render the constitutional safeguard under Article 300A of the Constitution of India illusory and reduce the rule of law to a mere formality. Therefore, this Court is of the considered view that immediate intervention is warranted to ensure that the respondents act strictly within the four corners of law. 8. In view of the foregoing discussion, and to balance the competing interests of public purpose and constitutional protection of property, this Court deems it appropriate to pass the following: - 7 - HC-KAR NC: 2026:KHC:20774 WP No. 7113 of 2025 ORDER (i) The writ petition is hereby allowed; (ii) Respondent Nos.1 to 6 are directed to consider the representation submitted by the petitioners as per Annexure–G dated 04.02.2025, and pass reasoned orders thereon, in accordance with law, prior to undertaking any activity in respect of the petition schedule property; (iii) It is made clear that if the respondent– authorities intend to form a road by utilising the petitioners’ private property, the same shall be undertaken only after initiating and completing acquisition proceedings in strict compliance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and upon payment of fair and adequate compensation to the petitioners; - 8 - HC-KAR NC: 2026:KHC:20774 WP No. 7113 of 2025 (iv) Till such exercise is undertaken and completed in accordance with law, the respondents are restrained from interfering with the petitioners’ peaceful possession and from demolishing any structures standing on the petition schedule property; (v) It is further observed that any deviation from the mandate of Article 300A of the Constitution of India shall be viewed seriously, and the erring officials would render themselves liable for appropriate action in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 21