- 1 - HC-KAR NC: 2026:KHC:8219 WP No. 3565 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 3565 OF 2026 (LB-RES) BETWEEN: 1. SRIKANTH NAYAK, S/O A. RAMACHANDRA NAYAK, AGED ABOUT 52 YEARS, R/O KELAPETE, SIDDAPURA VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT - 576229 …PETITIONER (BY SRI. ASHWATH C.M., ADVOCATE) AND: 1. STATE OF KARNATAKA VIDHANA SOUDHA, AMBEDKAR VEEDI BENGALURU - 560001. REP. BY PRINCIPAL SECRETARY 2. PANCHAYATH DEVELOPMENT OFFICER SIDDAPURA GRAMA PANCHAYATH, SIDDAPURA VILLAGE, KUNDAPURA TALUK - 576229. …RESPONDENTS (BY SRI. SPOORTHI V., HCGP, FOR R1; SRI. T.I.ABDULLA, ADVOCATE FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH THE IMPUGNED NOTICE DATED 09/01/2026 ISSUED BY R2 I.E. ANNX-A. II. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:8219 WP No. 3565 of 2026 DIRECTING THE R2 NOT TO TINY STRUCTURE, THE PLANTS PLANTED THEREON AND TO MAINTAIN THE WELL SITUATED ADJACENT TO IT IN THE INTEREST OF PUBLIC AND ETC. THIS PETITION, COMING ON FOR PRELIMIN ARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent No.1. 2. Sri. T.I.Abdulla, learned counsel accepts notice for respondent No.2. 3. Petitioner is before this Court seeking for the following reliefs: (a) Issue a writ of certiorari or any the appropriate writ and quash the impugned notice dated 09/01/2026 issued by respondent No.2 i.e., Annexure-A. (b) Issue a writ of mandamus or nay other appropriate writ directing the respondent No.2 not to tiny structure, the plants planted thereon and to maintain the well situated adjacent to it in the interest of public. (c) grant such other relief in view of facts and circumstances of the petition. 4. The petitioner having built a green space before the property of the petitioner and having built a compound - 3 - HC-KAR NC: 2026:KHC:8219 WP No. 3565 of 2026 around it, the respondents had issued a notice to the petitioner that the said green space and compound wall had been put up on the government land and called upon the petitioner to remove the same. It is challenging the same, petitioner is before this Court. 5. The submission of learned counsel for the petitioner is that the general public were throwing waste and litter in front of the property of the petitioner, it is to protect the same that the petitioner has put up the green space and compound wall and it is for that reason it should not be demolished. 6. I am unable to accept the submission of counsel for the petitioner inasmuch as a perusal of the photographs at Annexure-D series would indicate that the said green space and the compound wall have been put up after the property of the petitioner abutting the public road, which is at a location where people would have to make use of for the purposes of walking, etc. The said green space and compound wall encroaches upon a public land, which the petitioner cannot do. - 4 - HC-KAR NC: 2026:KHC:8219 WP No. 3565 of 2026 7. In that view of the matter, I do not find any infirmity in the notice issued at Annexure-A. Respondent No.2 is free to take such action as is required and as expeditiously as possible to clear the area of such encroachment. As such, the petition is disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 12