- 1 - HC-KAR NC: 2026:KHC:22092 WP No. 12890 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 12890 OF 2026 (LB-RES) BETWEEN: 1. SRI. M. S. RAKESH S/O. M. S. SEETHARAMA SHETTY, AGED ABOUT 36 YEARS, RESIDING AT BELLARI ROAD, CHALLAKERE - 577 522, CHITRADURGA DISTRICT. …PETITIONER (BY SRI. SIDDAPPA B.M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOUSING & URBAN DEVELOPMENT DEPARTMENT M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE STATE OF KARNATAKA BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, M.S.BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577501. 4. THE ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22092 WP No. 12890 of 2026 CHITRADURGA-577501. 5. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CHALLAKERE-577522, CHITRADURGA DISTRICT. 6. THE TAHSILDAR, CHALLAKERE TALUK, CHALLAKERE-577522, CHITRADURGA DISTRICT. 7. THE COMMISSIONER, CHALLAKERE CITY MUNICIPAL COUNCIL, CHALLAKERE-577522, CHITRADURGA DISTRICT. 8. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, CHITRADURGA DIVISION, CHITRADURGA-577501. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R5 & R7; SMT. SHILPA SHAH, ADVOCATE FOR R6) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF WRIT, DIRECTING THE RESPONDENTS, SPECIFICALLY RESPONDENT NO.7 NOT TO DEMOLISH THE PETITIONERS PROPERTY BEARING NO.12-9-535 SITUATED AT BELLARY- BENGALURU ROAD, CHALLAKERE CITY, MEASURING EAST WEST 15.5FT, NORTH SOUTH 46FT BOUNDED BY EAST BELLARY ROAD, WEST: ASSAR MOHALLA, NORTH: PROPERTY OF DARJI BASAPPA'S CHILDREN PRESENTLY BELONGS TO SMT.BHAGYAMMA AND SOUTH: PROPERTY OF SRI. RAGHUNATHAND AND DISPOSSESS THE PETITIONER FROM THE PROPERTY DESCRIBED ABOVE WITHOUT ACQUIRING AND PAYING COMPENSATION EXCEPT UNDER DUE PROCESS OF LAW AND ETC., - 3 - HC-KAR NC: 2026:KHC:22092 WP No. 12890 of 2026 THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioner is that certain roads in Challakere Town have been sought to be widened for the purpose of a National Highway. It is the contention of the petitioner that he is having his property situated on the side of the road which is sought to be widened. It is submitted that the authorities concerned have sought to widen the road without following due process of law. It is contended that no acquisition proceedings have been initiated, nor the petitioner has been paid any compensation and that the property is sought to be demolished. Hence, the present writ petition is filed seeking a direction to the respondent - Authorities not to demolish the property of the petitioner without following due process of law. - 4 - HC-KAR NC: 2026:KHC:22092 WP No. 12890 of 2026 2. The learned AGA appearing for respondent Nos.1 to 5 and 7, upon instructions, submits that any property required for widening of the road, if it is a private property, will be utilized only by following due process of law and not otherwise. 3. His submission is placed on record. 4. For the aforementioned reasons, the writ petition stands disposed of with a direction to the respondents to utilize private property on the side of the road which are sought to be widened only by following due process of law, by initiating the necessary acquisition proceedings as contemplated in law, and not otherwise. Sd/- (M.I.ARUN) JUDGE VMB List No.: 4 Sl No.: 3