- 1 - HC-KAR NC: 2026:KHC:20091-DB WP No. 38404 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 38404 OF 2025 (GM-RES) BETWEEN: 1. ARIFULLA S/O ABDUL SATTAR SAB AGED ABOUT 45 YEARS, R/O NO. 120/B, HORAPETE, AZADNAGAR, CHITRADURGA-577501,. ADHAR NO-793920078270 PAN NO-EWLPA1685L PHONE NO-9945873861 AC NO-SB ACC-10695100028383 IFSC-PKGB0010695. BANK- KARNATAKA GRAMEENA BANK, CHITRADURGA, 2. MOHAMMAD SAGHEER ULLA, S/O MOHAMMAD NASRULLA, AGED ABOUT 42 YEARS, R/AT 2904, WORLD JAYAPADMA BUILDING, HIMMATHNAGAR, CHITRADURGA-577501. AADHAR NO-873913861508 PAN NO- CLOPM0093E PHONE NO-9739411109 AC NO-SB ACC-896710110001724 IFSC-BKID0008967. Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:20091-DB WP No. 38404 of 2025 BANK-BANK OF INDIA, CHITRADURGA, 3. RUDRAMUNI K., S/O KANUMAPPA, AGED ABOUT 56 YEARS, R/AT KANUMAPPA NILAYA, JOGIMATTI ROAD, 4TH CROSS ROAD, CHITRADURGA. ADHAR NO-893410065148 PAN NO PHONE NO-9590704342 AC NO-SB ACC-74270100000776 IFSC-BARBOVJCHDU BANK-BANK OF BARODA, CHITRADURGA, 4. VASANTHA T.. S/O THIMMANNA, AGED ABOUT 36 YEARS, R/AT ASAGODU, VADDARAHATTI, JAGALURU TALUK, DAVANAGERE DISTRICT-577528. ADHAR NO-919979824658 PAN NO-BVGPV8078Q PHONE NO-9844817789 AC NO-SB ACC-0602500114920101 IFSC-KARB0000060. BANK- KARNATAKA BANK, KEMPEGOWDA ROAD, BENGALURU. 5. SMT. SHARADAMMA, W/O LATE BANGARAPPA, AGED ABOUT 50 YEARS, R/AT MARUTINAGAR, CHITRADURGA-577501, AADHAR NO-209590835036 PAN NO-MNHPS7600A PHONE NO-8105719447 AC NO-SB ACC-10923100000481 - 3 - HC-KAR NC: 2026:KHC:20091-DB WP No. 38404 of 2025 IFSC-PKJB0010923. ANK-KARNATAKA GRAMEEN BANK, CHITRADURGA-577501. …PETITIONERS (BY SRI. HIREMATHAD MAHESHAIAH RUDRAYYA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS DIRECTOR, DIRECTORATE OF MUNICIPAL ADMINISTRATION, 9TH AND 10TH FLOOR, V.V. TOWER, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA. 3. THE MUNICIPAL COMMISSIONER, CHITRADURGA MUNICIPALITY, CHITRADURGA, …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT OF MANDAMUS BY DIRECTING THE RESPONDENT NOS.1 TO 3 TO PROVIDE ROAD AND UGD (UNDERGROUND DRAINAGE) TO THE 400 METERS ROAD BETWEEN GOPALAPURA 7TH CROSS ROAD TO MARUTHINAGARA, AT CHITRADURGA TOWN AS PRAYED IN THE REPRESENTATION DATED 23/01/2019 TO THE 3RD RESPONDENT PRODUCED AT ANNEXURE-A, THE REPRESENTATION DATED 18/07/2022 PRODUCED AT ANNEXURE-B, THE REPRESENTATION TO 26/03/2023 TO THE 1ST RESPONDENT PRODUCED AT - 4 - HC-KAR NC: 2026:KHC:20091-DB WP No. 38404 of 2025 ANNEXURE-C, THE OFFICIAL LETTER BY THE RESPONDENT NO.3, DATED 04/06/2023 AND 06/07/2023 PRODUCED AT ANNEXURES-F AND G, THE OFFICIAL LETTER BY THE RESPONDENT NO.1 DATED 16/08/2023 TO THE RESPONDENT NO.3 PRODUCED AT ANNEXURE-H AND PRAYED TO PASS OTHER ORDER OR DIRECTION. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioners have filed the present petition as a public interest litigation, praying that a direction be issued to respondents Nos.1 to 3 to provide a road and underground drainage for a length of 400 metres road between Gopalapura 7th Cross Road to Muruthinagara, Chitradurga Town as requested by representation dated 23.01.2019 made to respondent No3. 2. The petitioners claim that over the past several years, several representations have been made for providing the minimum drainage and amenities over a length of 400 metres road as stated above. - 5 - HC-KAR NC: 2026:KHC:20091-DB WP No. 38404 of 2025 3. The petitioners state that at present, there is a mud road of the aforesaid length and during the rainy season, it is difficult for people to use the said road. 4. The question regarding the construction of roads rests with the concerned authorities. Any decision regarding the same is to be taken bearing in mind several factors including the resources available and the priority of deployment of the said resources. 5. We do not consider it apposite to entertain the present petition for the judicial review/examination of the decisions to metal the road in question. The petition is accordingly dismissed. 6. However, this would not preclude the petitioners from pursuing with the concerned authorities seeking the relief as sought in the present petition. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS - List No.: 2 Sl No.: 10