Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:9743 WP No. 3872 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.3872 OF 2026 (LB-RES)
BETWEEN:
1.
SRI. A.P. GOVINDAPPA, S/O. LATE SRI. PILLAPPA, AGED ABOUT 69 YEARS, RESIDING AT ALAMBADI VILLAGE AND POST, LAKKUR HOBLI, MALUR TALUK-563 160, KOLAR DISTRICT.
2.
SRI. K. BHASKAR, S/O. LATE KRISHNAPPA, AGED ABOUT 37 YEARS, RESIDING AT ALAMBADI VILLAGE AND POST, LAKKUR HOBLI, MALUR TALUK-563 160, KOLAR DISTRICT.
3.
SRI. HARISH S.
S/O. SRI. SEENAPPA, AGED ABOUT 35 YEARS, RESIDING AT ALAMBADI VILLAGE AND POST, LAKKUR HOBLI, MALUR TALUK-563 160, KOLAR DISTRICT.
…PETITIONERS
(BY SRI. R. SHIVACHANDRA NAIK, ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:9743 WP No. 3872 of 2026
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560 001.
2.
THE CHIEF EXECUTIVE OFFICER, KOLAR ZILLA PANCHAYATH, KOLAR, KOLAR DISTRICT-563 101.
3.
THE EXECUTIVE OFFICER, MALUR TALUK PANCHAYATH, MALUR - 563 130 KOLAR DISTRICT.
4.
THE PANCHAYATH DEVELOPMENT OFFICER, OFFICE OF THE GRAM PANCHAYATH, CHIKKATIRUPATHI, LAKKUR HOBLI, MALUR TALUK-563 160, KOLAR DISTRICT.
…RESPONDENTS
(BY SMT. SPOORTHI V., HCGP., FOR R.1;
SRI. M.S. DEVARAJU, ADVOCATE FOR R.2 TO R.4.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT ORDER OR DIRECTION/S IN THE NATURE OF MANDAMUS TO THE RESPONDENTS TO CARRY OUT THE WORK OF FORMING/CONSTRUCTION OR LAYING OF THE DRAINAGE IN THE ALAMBADI VILLAGE IN THE ADJOINING OF THE COMPOUND WALL OF THE GOVERNMENT PUBLIC SCHOOL BUILDING, WHICH FORMS IN FRONT OF THE RESIDENTIAL HOUSES OF THE PETITIONERS AND OTHER RESIDENTS WHICH
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HC-KAR NC: 2026:KHC:9743 WP No. 3872 of 2026
COMES WITHIN THE JURISDICTION OF THE LAKKUR HOBLI, CHIKKATHIRUPATHI GRAM PANCHAYATHI, MALUR TALUK, KOLAR DISTRICT, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. The petitioner is before this Court seeking for the following reliefs:
"(a) Issue a Writ, Order or Direction/s in the nature of Mandamus to the respondents to carry out the work of forming/construction or laying of the Drainage in the Alambadi Village in the adjoining of the compound wall of the Government Public School building, which forms in front of the residential houses of the petitioners and other residents which comes within the jurisdiction of the Lakkur Hobli, Chikkathirupathi Gram Panchayathi, Malur Taluk, Kolar Dist;
(b) Pass such other Order/s as this Hon'ble Court may deem fit, in the circumstances of the case, for the ends of justice."
2. The grievance of the petitioner was that when laying a concrete road on the existing road, the drain abutting the said road had been closed over a portion of the said road resulting in the sewage etc. from the
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HC-KAR NC: 2026:KHC:9743 WP No. 3872 of 2026
location where the drain continued to overflow onto this new road resulting in sewage flow to the houses firstly being curtailed and secondly the sewage flowing into the houses of the petitioner and certain others. It is in that background that the respondent had been called upon to obtain instruction as to when this issue would be rectified since this is not only a problem of access but also a problem which could result in health issues of the villagers. 3. Statement of objections has been filed today by the respondents. Respondent no.4 is also personally present before this Court. 4. The submission of learned counsel for respondents no.2 to 4 is twofold. Firstly, to form a drain, as regard which funds have already been sanctioned. Secondly, the submission is that for the purpose of formation of the drain, the petitioner and certain other residents of the village are obstructing, and it is for that reason the drain could not be formed. - 5 -
HC-KAR NC: 2026:KHC:9743 WP No. 3872 of 2026
5. The submission of learned counsel for the petitioner is that the petitioner and the villagers are keen on such a drain being formed and they would not oppose the formation of the said drain. 6.
In that view of the matter on enquiry with the respondents if there being no obstruction by when the drain work would be completed, learned counsel for respondents no.2 to 4 on instruction of respondent no.4 submits that it will be completed within a period of four months from today. The said submission answers the grievance of the petitioner. The undertaking of the petitioner that the petitioner and the other villagers would not obstruct the work of the respondent is also placed on record. 7. Needless to say if there is any obstruction for a public servant to carry out public duties, the said public servant would be entitled to avail of such remedies as are available under law including
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HC-KAR NC: 2026:KHC:9743 WP No. 3872 of 2026
seeking for police help in discharge of the official duties. 8. With the above observation the Writ Petition stands
disposed.
SD/- (SURAJ GOVINDARAJ) JUDGE
PRS List No.: 2 Sl No.: 45