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2026 DAILYLAW 13981 (KAR)

SRI N SHIVA SHANKAR v. STATE OF KARNATAKA

WP/38204/2025 · 2026-04-09

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:19730 WP No. 38204 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 38204 OF 2025 (LB-RES) BETWEEN: 1. SRI. N. SHIVA SHANKAR S/O LATE D. NANJAPPA & LATE SHARDAMMA, AGED ABOUT 65 YEARS, R/AT ARALE PET, RAMPATTNA ROAD, GUDIBANDE, GUDIBANDE TOWN, CHIKKABALLAPURA DIST., KARNATAKA - 561 209. 2. SMT. G.K. NIRMALA D/O LATE G.N. KUTCHAPPA, W/O LATE A. BABU, AGED ABOUT 69 YEARS, R/AT ARALE PET, RAMAPATTNA ROAD, GUDIBANDE, GUDIBANDE TOWN, CHIKKABALLAPURA DIST., KARNATAKA - 561 209. 3. SRI. G.V. NAGARAJA S/O LATE VENKATA SWAMY, AGED ABOUT 56 YEARS, R/AT RAMAPATTNA ROAD, RAMAPATNA ROAD, GUDIBANDE, GUDIBANDE TOWN, CHIKKABALLAPURA DIST., KARNATAKA - 561 209. …PETITIONERS (BY SRI. SUNIL S. RAO, ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19730 WP No. 38204 of 2025 AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001. 2. SPECIAL LAND ACQUISITION OFFICER M.G. ROAD, CMC CHIKKABALLAPURA, CHIKKABALLAPURA - 561 209. (DELETED VIDE ORAL SUBMISSION AND MEMO FILED BY THE PETITIONERS DATED 17.12.2025) 3. GUDIBANDE PATTANA PANCHAYAT GUDIBANDE TOWN, GUDIBANDE, REPRESENTED BY ITS CHIEF OFFICER, GUDIBANDE TOWN, GUDIBANDE, CHIKKABALLAPUR DISTRICT - 561 209. 4. EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CHIKKABALLAPURA CITY, CHIKKABALLAPUR DISTRICT - 562 101. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA,AGA FOR R1 & R4; V/O. DATED 17.12.2025 - R2 IS DELETED; SRI. V.I. MUNIRAJ GOWDA, ADVOCATE FOR R3-ABSENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENT NO.3 NOT TO DEMOLISH THE PRIVATE PROPERTIES OF THE PETITIONERS THAT IS DESCRIBED WITHIN THE PETITION SCHEDULE PROPERTY WITHOUT FOLLOWING DUE PROCESS OF LAW AND ETC. - 3 - HC-KAR NC: 2026:KHC:19730 WP No. 38204 of 2025 THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER In order to take a decision regarding widening of the road in Gudibande town, a notice has been issued to the petitioners by respondent No.3. The notice reads as under: "ಳವ ಳವ ಳವ ಳವೆೆೆೆ ಪತ ಪತ ಪತ ಪತ ಗು ಬಂೆ ಪಟಣದ ಾಮಪಟಣ ರೆಯ ಾಸ ಾಡುರುವ ಆ# ಾೕಕ&'ೆ ಈ ಮೂಲಕ ಯಪ ಸುವ+,ೇ-ೆಂದೆ, ಗು ಬಂೆ ಪಟಣದ ಾಮಪಟಣೆ. /ೋಗುವ ರೆಯನು1 ಾವ2ಜ4ಕರ 5ತದೃ78ಂದ ಅಗೕಕರಣ ಾಡುವ ಬ'ೆ: ಚ<2ಸಲು ಾನ= ತಹ?ೕ@ಾAB Cಾಲೂಕು ಕDೇ& ಗು ಬಂೆ ರವರ ಅಧ=FCೆಯ G-ಾಂಕ:13-11-2025 ರಂದು ಗುರುಾರ ಮHಾ=ಹ1 3.00 ಗಂIೆ'ೆ ಸ&JಾK Cಾಲೂಕು ಕDೇ& ಸLಾಂಗಣದ ಸLೆಯನು1 ಏNಾ2 #ರುವ+ದ&ಂದ ಸದ& ಸLೆ'ೆ 4ೕವ+ ತಪO,ೇ /ಾಜಾಗPೇೆಂದು ಈ ಮೂಲಕ ಯಪ #,ೆ. ಮುQಾ=Rಾ& ಪಟಣ ಪಂSಾ8 ಗು ಬಂೆ" - 4 - HC-KAR NC: 2026:KHC:19730 WP No. 38204 of 2025 2. Scared by the said notice, on the apprehension that their properties would be demolished without following the due process, the present writ petition is filed with the following prayers: "WHEREFORE, the Petitioner herein humbly prays that this Hon'ble Court be pleased to: a) Issue a writ in the nature of mandamus such other writ, order or direction to the Respondent No.3 not to demolish the private properties of the petitioners that is described within the Petition Schedule Property without following due process of law and; b) Grant such other order or orders as this Hon'ble Court deems fit to grant in the circumstances of the case, to meet the ends of justice." 3. The learned Additional Government Advocate appearing for the respondent - State and also on behalf of respondent No.3 makes a submission that if the road is to be widened, resulting in the acquisition or demolition of the properties of the petitioners, the same will be done in the manner known to law and not otherwise. - 5 - HC-KAR NC: 2026:KHC:19730 WP No. 38204 of 2025 4. Recording the submission made by the learned Additional Government Advocate, the Writ Petition is hereby disposed of, with a direction to the respondents to proceed with the road widening process of Gudibande town only in accordance with law and not otherwise. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 37