- 1 - HC-KAR CNR: KAHC010842292025 NC: 2026:KHC:54147-DB WP No. 38882 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE K.S.BHARATH KUMAR WRIT PETITION NO.38882 OF 2025 (GM-RES-PIL) BETWEEN: 1. RAJA KALUVE ULISI HORATA SAMITHI (REGD.) (A BODY REGISTERED UNDER THE KARNATAKA SOCIETIES ACT) REPRESENTED BY ITS PRESIDENT SRI VASANTHA DOOR NO.18-82/1, GADDEMANE, SUNDARIBAGH, ULLALA GRAMA AND POST, D.K. ZILLA-575020. 2. SRI VASANTHA S/O LATE NARAYANA BELCHADA AGED ABOUT 45 YEARS PRESIDENT RAJA KALUVE ULISI HORATA SAMITHI (REGD.), DOOR NO.18-82/1, GADDEMANE, SUNDARIBAGH, ULLALA GRAMA AND POST, D.K. ZILLA-575020. 3. SRI PRAKASH KUMAR S/O U DEVAPPA RAO AGED ABOUT 60 YEARS VICE PRESIDENT RAJA KALUVE ULISI HORATA SAMITHI (REGD.), DOOR NO.18-82/1, GADDEMANE, Digitally signed by RAKSHA Location: high court of karnataka - 2 - HC-KAR CNR: KAHC010842292025 NC: 2026:KHC:54147-DB WP No. 38882 of 2025 SUNDARIBAGH, ULLALA GRAMA AND POST, D.K. ZILLA-575020. …PETITIONERS (BY SRI. RANJAN KUMAR K., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU-560001. 2. THE PRINCIPAL SECRETARY PUBLIC WORKS DEPARTMENT (PWD) VIKASA SOUDA, BENGALURU-560001. 3. THE DEPUTY COMMISSIONER, STATE BANK ROAD, MANGALORE-575001. 4. EXECUTIVE ENGINEER, PWD MANGALORE DIVISION, MANGALORE-575001. 5. ASSISTANT EXECUTIVE ENGINEER, PWD, NO.1 SUB DIVISION, MANGALORE-575001. 6. EXECUTIVE ENGINEER, PWD, MANGALORE SUB DIVISION, MANGALORE-575001. 7. CITY MUNICIPAL COUNCIL ULLALA REP BY ITS CHIEF OFFICER POST ULLALA, D.K-575020. 8. KARNATAKA SLUM CLEARANCE BOARD (KSDB) REP BY ITS MD, KSDB HEAD OFFICE BENGALURU-560009. 9. EXECUTIVE ENGINEER, SLUM CLEARANCE BOARD, SHIVAMOGGA DIVISION, - 3 - HC-KAR CNR: KAHC010842292025 NC: 2026:KHC:54147-DB WP No. 38882 of 2025 COUNTRY CLUB ROAD, BEHIND GENERAL HOSPITAL, VIDYANAGAR, SHIVAMOGA-577203. 10. KARNATAKA URBAN WATER SUPPLY AND DRAINAGE BOARD, OFFICE OF THE EXECUTIVE ENGINEER, MANGALORE DIVISION, MALLIKATTE, MANGALORE-575002. 11. KARNATAKA SLUM CLEARANCE BOARD (KSDB) REP BY ITS TECHNICAL DIRECTOR, DHARWAD CIRCLE TOLL NAKA, DHARWAD-580004. 12. MANGALURU URBAN DEVELOPMENT BOARD MUDA BUILDING, URWA, MANGALORE - 575006, OPPOSITE HOTEL KAVITHA RESIDENCY. …RESPONDENTS (BY SRI. KHAMROZ KHAN, AGA FOR R1 TO R6, SRI. PRASANNA V.R., ADVOCATE FOR R7, SRI. T.SANJAY, ADVOCATE FOR R8, SMT. HALEEMA AMEEN, ADVOCATE FOR R12, R9 TO R11 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA READ WITH RULE 14(1) OF HIGH COURT OF KARNATAKA (PUBLIC INTEREST LITIGATION) RULES, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENT NO.4 (ULLAL CITY MUNICIPAL COUNCIL) AND THE DEPUTY COMMISSIONER, MANGALORE TO IMMEDIATELY CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONER VIDE ANNEXURE K TO K4, DATED 11.07.2025, 16.07.2025, 28.07.2025, 31.07.2025 AND 16.10.2025, AND EFFECTIVELY TAKE ACTION TO STOP ARTIFICIAL FLOODING WITHIN ULLAL CMC LIMITS AND ETC., - 4 - HC-KAR CNR: KAHC010842292025 NC: 2026:KHC:54147-DB WP No. 38882 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE K.S.BHARATH KUMAR ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) 1. This writ petition is filed by Raja Kaluve Ulisi Horata Samithi (Regd.) which is a statutory Society registered under the Karnataka Societies Act, seeking the following reliefs; "a) Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondent No. 4 (Ullal City Municipal Council) and the Deputy Commissioner, Mangalore to immediately consider the representations submitted by the PetitionerVide Annexure K to K4, dated 11.7.2025. 16.7.2025, 28.7.2025, 31.7.2025 and 16.10.2025, and effectively take action to stop artificial flooding within Ullal CMC limits; b) Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondents to draw up a time-bound Action Plan - 5 - HC-KAR CNR: KAHC010842292025 NC: 2026:KHC:54147-DB WP No. 38882 of 2025 and commence the eviction and demolition of all unauthorized constructions and encroachments identified on the 'Rajakaluves' and 'Poramboku' lands, ensuring the full width and natural flow of the stormwater drains are restored; (Annexure -D to D3 and E to E2) c) Pass such other and further orders as may be deemed just and necessary in the facts and circumstances of the case, in the interest of public justice." 2. We have heard learned counsel for the petitioners as well as the learned Government advocate appearing for respondent Nos.1 to 6 as well as the learned counsel appearing for respondent No.7. 3. Though respondent Nos.8 and 9 have been put on notice, there is no appearance for the other respondents. In view of the directions that we intend to pass, we dispense with notice to respondent Nos.8 to 12. 4. Learned counsel for the petitioners submits that there are encroachments on storm water drains which has - 6 - HC-KAR CNR: KAHC010842292025 NC: 2026:KHC:54147-DB WP No. 38882 of 2025 led to widespread flooding of the area and that Annexure-K series of representations have been submitted before respondent No.3, as well as respondent No.7 pointing out the actual details of the encroachments. It is submitted that no steps have been taken thereon. 5. However, learned counsel for respondent No.7 submits that a request has already been made to the ADLR seeking a survey of the area and the demarcation of the encroachments, if any, made on the storm water drains of the Raja Kaluve in the Ullal CMC limits. 6. The learned Government Advocate submits that a digital survey has already been undertaken and that a physical survey is being done in the matter and appropriate steps will be taken on the basis of the report of the survey by the competent among the respondents. 7. Learned counsel for respondent No.7 submits that once a report with regard to the encroachments are made available by the ADLR, necessary steps will be taken by - 7 - HC-KAR CNR: KAHC010842292025 NC: 2026:KHC:54147-DB WP No. 38882 of 2025 respondent No.7 to evict the encroachments on the storm water drains of the Raja Kaluve as applicable. 8. Having considered the contentions, we are of the opinion that this is a fit case where the competent among the respondents should take necessary actions on Annexures-K to K4 representations preferred by the petitioners. The physical survey shall also be conducted with notice to the parties and appropriate report shall be placed on record before respondent No.7, as well as respondent No.3 by the ADLR. On such reports being made before respondent No.7, respondent No.7 shall take further follow-up action in the matter. Respondent No.3 is directed to consider the representations before him, with notice to the petitioners, respondent No.7, as well as respondent Nos.8 to 12 and to pass necessary orders in the matter. 9. It is made clear that order should be passed after issuing notice to all parties. The necessary shall be done - 8 - HC-KAR CNR: KAHC010842292025 NC: 2026:KHC:54147-DB WP No. 38882 of 2025 within a period of four months from date of receipt of a copy of this order. 10. Accordingly, the writ petition is disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (K.S.BHARATH KUMAR) JUDGE GH List No.: 1 Sl No.: 7