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2026 DAILYLAW 15211 (KAR)

SMT C S SHASHIKALA v. THE STATE OF KARNATAKA

WP/12895/2026 · 2026-04-22

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:22093 WP No. 12895 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. 12895 OF 2026 (LB-RES) BETWEEN: 1. SMT C. S. SHASHIKALA W/O B.G.RAVIKUMAR, AGED ABOUT 48 YEARS. 2. SMT. G.BHAGYALAKSHMI W/O B.G.SHASHIKUMAR, AGED ABOUT 45 YEARS. BOTH ARE RESIDING NEAR OLD SAI CHETANA SCHOOL, SHANTHINAGARA, CHELLAKERE-577522 CHITRADURGA DISTRICT. …PETITIONERS (BY SRI. SIDDAPPA B.M., ADVOCATE) 1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOUSING AND 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.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22093 WP No. 12895 of 2026 CHITRADURGA-577501. 4. THE ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION, 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 HIGH WAYS CHITRADURGA DISTRICT CHITHRADURGA-577501 …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R5 & R7; SMT. SHILPA SHAH, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS, SPECIFICALLY RESPONDENT NO.7 NOT TO DEMOLISH THE PETITIONERS' PROPERTIES AND DISPOSSESS THE PETITIONERS FROM THEIR PROPERTIES AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:22093 WP No. 12895 of 2026 ORAL ORDER 1. The case of the petitioners 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 petitioners that they are having their properties 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 petitioners have been paid any compensation and that their properties are sought to be demolished. Hence, the present writ petition is filed seeking a direction to the respondent - Authorities not to demolish the properties of the petitioners without following due process of law. 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 - 4 - HC-KAR NC: 2026:KHC:22093 WP No. 12895 of 2026 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.: 4