- 1 - HC-KAR NC: 2026:KHC:26065 WP No. 9573 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 9573 OF 2024 (GM-RES) BETWEEN: SMT. ANUSUYAMMA W/O SRI B VISHWANATH AGED ABOUT 56 YEARS, R/AT PILLEKANAHALLI VILLAGE, MEGALAHALLI POST, CHITRADURGA TALUK, CHITRADURGA DISTRICT - 577502 …PETITIONER (BY SRI. GANAPATI BHAT VAJRALLI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED B Y ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, DR.B.R. AMBEDKAR VEEDHI , BENGALURU - 560001 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577501 3. THE TAHSILDAR CHITRADURGA TALUK CHITRADURGA DISTRICT - 577501 4. THE CHIEF EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, KPWD BUILDING K .R. CIRCLE, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:26065 WP No. 9573 of 2024 BENGALURU - 560001 5. THE EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, KPWD BUILDING K.R. CIRCLE, BENGALURU - 560001 6. THE ASSISTANT EXECUTIVE ENGINEER MINOR IRRIGATION AND GROUND WATER DEVELOPMENT DEPARTMENT, CHITRADURGA DIVISION, CHITRADURGA - 577501 7. THE DISTRICT EXECUTIVE OFFICER KARNATAKA LAKE PROTECTION AND DEVELOPMENT DEPARTMENT, KSRTC DEPOT ROAD, CHITRADURGA - 577501 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA FOR R1 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY APPROPRIATE ORDER BY DIRECTING THE R1 TO R7 TO TAKE IMMEDIATE STEPS TO CONSTRUCT THE RETAINING WALL ON THE PETITIONER LAND (IN WHICH THE UNNATURAL WATER IS FLOWING) AND TO CLEAR THE RAJAKALUVE AS PER ORIGINAL EXISTING RAJAKALUVE AS PER VILLAGE MAP, AS PER ANNEXURE-C AND ALSO SURVERY RECORDS PAKKA/ PAKKA BOOK WHICH SOWS ORIGINAL RAJAKAVLUVE RUNS FROM SY. NO. 107, SY.NO. 126/4 AND SY. NO. 126/5, AND JOINING TO THE GONUR LAKE WITH IMMEDIATE EFFECT WITHIN TIME FRAME PERIOD AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2026:KHC:26065 WP No. 9573 of 2024 ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: i. Issue a Writ of Mandamus or any appropriate order by directing the respondent No.1 to 7 to take immediate steps to construct the retaining wall on the petitioner land (in which the unnatural water is flowing) and to clear the Rajakaluve as per original existing Rajakaluve as per Village Map, as per Annexure - C and also Survey Records /Pakka Book which shows original Rajakaluve runs from Sy.No.107, Sy.No.126/4 and Sy.No.126/5, and joining to the Gonur Lake with immediate effect within time frame period, in the interest of justice and equity. ii. Grant such other and further reliefs as this Hon'ble Court deems fit and necessary to be grant under circumstances of the above Writ Petition, in the interest of justice and equity. 2. The petitioner had initially approached the Deputy Commissioner alleging that certain persons had encroached upon the Rajakaluve resulting in water flow into the property of the petitioner which in turn resulted in loss to the crops grown by the petitioner. It is in that background that the Deputy Commissioner, vide its order dated 23.10.2019, had directed the Tahsildar to look into the matter and take appropriate action. The petitioner has also - 4 - HC-KAR NC: 2026:KHC:26065 WP No. 9573 of 2024 contended that he has submitted a representation on 07.01.2016 to the Deputy Commissioner as also representations dated 19.10.2019 and 30.09.2019 to the Tahsildar bringing the above aspects to the notice of the said officers contending that losses have been caused to the petitioner and necessary action is required to be taken by the respondents. 3. Though the representation was submitted for that aspect, the petitioner has sought for a mandamus directing the construction of retaining wall on the petitioner's land. 4. This Court cannot grant such an order of mandamus directing the respondents to construct a retaining wall on the petitioner's land. The grievance is as regards the water flow into the land of the petitioner. It is for the respondents to look into the grievance and ascertain the manner of resolving such grievance in an appropriate manner. Hence, this Court passes the following: ORDER i) Respondents are directed to consider the representation dated 07.01.2016 submitted to the Deputy Commissioner as also representations dated 19.10.2019 and - 5 - HC-KAR NC: 2026:KHC:26065 WP No. 9573 of 2024 30.09.2019 submitted to the Tahsildar by the petitioner within a period of four weeks from today and pass necessary orders thereon. ii) The Writ Petition is disposed of accordingly. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 1 Sl No.: 31