- 1 - HC-KAR NC: 2026:KHC:20357 WP No. 6822 of 2026 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. 6822 OF 2026 (GM-RES) BETWEEN: SRI. MALLIKARJUNA A AGED 44 YEARS, SON OF LATE ALE GOWDA, RESIDING AT CHELUR VILLAGE, CHELUR HOBLI - 572 107, GUBBI TALUK, TUMAKURU DISTRICT. …PETITIONER (BY SRI. JAGADISH N. BALIGA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS UNDER SECRETARY TO HOME AFFAIRS, M. S. BUILDING, B.R. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER AND SUB DIVISIONAL MAGISTRATE, TUMKUR SUB-DIVISION, TUMKUR - 572 101, TUMKUR DISTRICT. …RESPONDENTS (BY SRI. ADITYA DIWAKAR, AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20357 WP No. 6822 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECTING THE R2 TO INITIATE THE APPROPRIATE PROCEEDINGS UNDER SECTION 152 OF BHARATHIYA NAGARIK SURAKSHA SANHITA 2023 IN RESPECT OF THE SCHEDULE LAND AS PER ANNX-A DATED 17.01.2026 AND ANNX-B DATED 18.08.2025 RESPECTIVELY 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 ORAL ORDER The captioned petition is filed directing respondent no.2 to initiate appropriate proceedings under Section 152 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS 2023'). 2. Heard learned counsel appearing for the petitioner and learned AGA appearing for respondent Nos.1 and 2. Perused the material placed on record. 3. The petitioner along with other agriculturists has submitted a representation, vide Annexure–B, before respondent No.2 invoking the provisions of Section 152 of the BNSS, 2023 seeking removal of obstruction on the public road running through land bearing Sy.No.102/5 and Sy.No.102/6 - 3 - HC-KAR NC: 2026:KHC:20357 WP No. 6822 of 2026 situated at Talekappa Village, Chelur Hobli, Gubbi Taluk, Tumkur District. 4. The grievance projected in the writ petition is that the obstruction on the said road has seriously impeded access and enjoyment of the lands belonging to the petitioner and similarly placed farmers, thereby necessitating invocation of summary jurisdiction by the competent authority. 5. It is the specific contention of the petitioner that though respondent No.2 has taken cognizance of the complaint and has initiated proceedings by issuing notices to the affected parties, including the petitioner as well as the jurisdictional Tahasildar, no final order has been passed under Section 152 of BNSS, 2023. The petitioner would submit that the statutory scheme not only contemplates expeditious adjudication under Section 152, but also mandates consequential action under Section 157 of BNSS, 2023, which requires the authority to proceed further by affording an opportunity to the parties and recording evidence in the nature of a summons case. The inaction and delay on the part of respondent No.2 in concluding the proceedings has resulted in continued subsistence of the - 4 - HC-KAR NC: 2026:KHC:20357 WP No. 6822 of 2026 obstruction, thereby causing recurring prejudice to the petitioner. 6. Per contra, the learned AGA, on instructions, submits that respondent No.2 has already initiated proceedings in accordance with law and notices have been issued to all concerned stakeholders. He would further submit that the authority is in the process of considering the objections and would take appropriate action strictly in accordance with Sections 152 and 157 of BNSS, 2023. 7. Having regard to the aforesaid submissions and on perusal of the material placed on record, this Court is of the considered opinion that once the competent authority has set the proceedings in motion under Section 152 of BNSS, 2023, the same are required to be concluded within a reasonable time, more so when the grievance pertains to obstruction of a public pathway affecting multiple agriculturists. Any undue delay in concluding such proceedings would defeat the very object of the summary remedy contemplated under the statute. - 5 - HC-KAR NC: 2026:KHC:20357 WP No. 6822 of 2026 8. In view of the above, without expressing any opinion on the merits of the case, this Court deems it appropriate to direct expeditious consideration and disposal of the proceedings pending before respondent No.2. ORDER (i) The writ petition stands disposed of; (ii) Respondent No.2 is directed to conclude the proceedings initiated under Section 152 of the BNSS, 2023, and if the circumstances so warrant, to proceed further in accordance with Section 157 of BNSS, 2023, by strictly adhering to the procedure prescribed therein; (iii) The aforesaid exercise shall be completed within an outer limit of 90 to 120 days from the date of receipt of a certified copy of this order; (iv) It is made clear that the authority shall afford reasonable opportunity to all stakeholders and pass a reasoned order in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK