Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010257442026 NC: 2026:KHC:42803 WP No. 11098 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.11098 OF 2026 (KLR-RES) BETWEEN:
1. KADARALAKKAPPA S/O LATE BYLAPPA AGED ABOUT 58 YEARS, NO.34, CHOKKANAHALLI VILLAGE, JAKKUR POST, YELAHANKA HOBLI, BENGALURU - 560064.
…PETITIONER (BY SRI. VINOD PRASAD.,ADVOCATE) AND:
1.
STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU -560001.
2.
THE DEPUTY COMMISSIONER, BANGALORE DISTRICT, K.G ROAD, BENGALURU -560009.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010257442026 NC: 2026:KHC:42803 WP No. 11098 of 2026
3.
THE TAHASILDAR YELAHANKA TALUK, YELAHANKA, BENGALURU -560064.
4.
ASSISTANT EXECUTIVE ENGINEER, MINOR IRRIGATION AND UNDER GROUND WATER DEVELOPMENT SUB- DIVISION BENGALURU .
5.
ASSISTANT DIRECTOR, LAND RECORDS, K.R. CIRCLE, BENGALURU -560001.
6.
WHITE PROJECT NORTH LLP PVT. LTD.
BY ITS MANAGING PARTNER SRI. BABU C.J., REGISTERED OFFICE AT HOUSE OF WHITE 1ST FLOOR, HOSUR MAIN ROAD, KORAMANGALA INDUSTRIAL AREA, 5TH BLOCK, KORAMANGALA, BENGALURU -560095. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1 TO R5;
SRI. PRAVEEN KUMAR HIREMATH, ADVOCATE FOR R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF DEPUTY COMMISSIONER IN NUMBER
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HC-KAR
CNR: KAHC010257442026 NC: 2026:KHC:42803 WP No. 11098 of 2026
LND(Y)CR/239/2023-24 DATED 03/07/2024, VIDE ANNEXURE-D TO THE WRIT PETITION.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, the petitioner is assailing the
order dated 03.07.2024 at Annexure-D, passed by respondent No.2-Deputy Commissioner, inter-alia, sought a direction to the respondents to maintain the existing road and halla as shown in the village map.
2. Heard Sri. Vinod Prasad, learned counsel for the petitioner; Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for the respondent-State and Sri. Praveen Kumar Hiremath,
learned counsel for the respondent No.6.
3. Having taken note of the submissions of the
learned counsel appearing for the parties, it is
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HC-KAR
CNR: KAHC010257442026 NC: 2026:KHC:42803 WP No. 11098 of 2026
observed that the respondent-authorities intend to change the pathway in respect of the land, as reflected in the impugned order dated 03.07.2024.
4. It is pertinent to mention that, in the event of any change in the road/pathway by the respondent- authorities, it is incumbent upon them to hear the aggrieved parties, if any, by issuing a public notification before taking any decision in the matter.
5. In that view of the matter, as there is no material on record to show that an opportunity of hearing was afforded to the persons likely to be aggrieved before changing the pathway, I am of the opinion that the impugned order dated 03.07.2024 passed by respondent No.2 requires to be set aside. Accordingly, set aside. The matter is remitted to respondent No.2 to take a decision as to whether any change in the pathway is required under the
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HC-KAR
CNR: KAHC010257442026 NC: 2026:KHC:42803 WP No. 11098 of 2026
circumstances of the case, after affording an opportunity of hearing to all the concerned parties. Accordingly, the writ petition is allowed.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 3