- 1 - HC-KAR NC: 2026:KHC:28322 WP No. 35277 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 35277 OF 2024 (LB-RES) BETWEEN: M/S SREE RANGANATHA MARKETING REPRESENTED BY ITS PARTNER, SRI H B RUDRAPRAKASH, S/O S VASAVARAJU, AGED ABOUT 41 YEARS, R/AT PID NO.98508 NIRVI KALPA, BEFORE BHIMASANDRA BRIDGE, B H ROAD, BHIMASANDRA, WARD NO.5, TUMKUR-570107. …PETITIONER (BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, MUNICIPAL ADMINISTRATION, M.S. BUILDING, BENGALURU-560001. Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:28322 WP No. 35277 of 2024 2. THE PUBLIC WORKS DEPARTMENT REPRESENTED BY ITS SECRETARY, M.S. BUILDING, BENGALURU-560001. 3. THE STATE HIGHWAY DEVELOPMENT PROJECT 5TH FLOOR, PWD ANNEXE BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS PROJECT DIRECTOR. 4. THE TUMKUR CITY CORPORATION REPRESENTED BY ITS COMMISSIONER, TOWN HALL, BHAGHAVAN MAHAVEER ROAD, GANDHINAGAR, TUMKUR-572102. …RESPONDENTS (BY SRI.KENCHEGOWDA., AGA FOR R1 TO R3; SRI. R. SUBRAMANYA., ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO RE- CONSIDER THE ISSUE RELATING TO DEVIATION / RE- CONSTRUCTION OF RAJA KALUVE (STORM WATER DRAIN) BY UTILIZATION OF PROPERTY OF THE PETITIONER BY CONSIDERING THE REPRESENTATION AT ANNX-H DATED 16.12.2024 AND TO PASS SUITABLE - 3 - HC-KAR NC: 2026:KHC:28322 WP No. 35277 of 2024 ORDERS; DECLARE THAT THE ACTION OF THE RESPONDENTS TO DEVIATING RAJA KALUVE FROM THE EXISTING RAJAKALUVE AS PER THE FRESH TENDER NOTIFICATION OF THE PROPERTY OF THE PETITIONER AND WITHOUT DETERMINING AND PAYMENT OF COMPENSATION IN PURSUANCE TO THE ACQUISITION NOTIFICATION TO BE ISSUED IN RESPECT OF THE PETITIONERS AND OTHER ADJACENT PROPERTIES IS ILLEGAL AND VOID; DIRECTION TO THE RESPONDENTS NOT TO PROCEEDING FURTHER IN THE MATTER OF DEVIATION OF RAJA KALUVE SO AS TO UTILIZE THE PROPERTY OF THE PETITIONER TO AN EXTENT OF 1,500 SQUARE FEET IN FRONT OF THE PROPERTY OF PETITIONER ON THE SOUTHERN SIDE OF THE PROPERTY OF PETITIONER WITHOUT DETERMINING AND PAYMENT OF COMPENSATION IN PURSUANCE TO THE ACQUISITION NOTIFICATION TO BE ISSUED IN RESPECT OF THE PETITIONERS AND OTHER ADJACENT PROPERTIES. THIS PETITION, COMING ON FOR ORDER, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 4 - HC-KAR NC: 2026:KHC:28322 WP No. 35277 of 2024 ORAL ORDER The petitioner has filed this petition for directions to the authorities to consider its representation and for declaration that if the respondents propose to divert a Rajakaluve through the petitioner’s property, it must be only after the required property is acquired and the petitioner is paid compensation. This Court has called upon the fourth respondent to take its stand on the construction of Storm Water Drain through the petitioner’s property. The fourth respondent has filed the Statement of Objections stating that there is no proposal to construct or divert a Rajakaluve through the petitioner’s property and that the petitioner has rushed to this Court only because of the notice issued to the concerned to take action for demolition of encroachment on the Rajakaluve. - 5 - HC-KAR NC: 2026:KHC:28322 WP No. 35277 of 2024 This Court has recorded the stand when it is reiterated during the hearing on 02.04.2025 giving liberty to the other respondents to take a stand and they have not taken any stand. This Court, in the circumstances, is of the view that the petition must be disposed of in the light of the fourth respondent’s categorical stand that there will be no diversion of the Rajakaluve or construction of a canal through the petitioner’s property observing that if there is to be any such diversion or construction it must be in accordance with law and definitely after issuing the petitioner with notice to respond. The petition stands disposed of in the afore terms, and all the pending applications also stand disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-