Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:5662 WP No. 2660 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2660 OF 2026 (KLR-RES) BETWEEN:
1. SRI MURALI S/O. SRI. GIDDEGOWDA, AGED ABOUT 60 YEARS,
2. SRI.PRAMOD, S/O. SRI. RAMESH, AGED ABOUT 36 YEARS,
3. SRI. RAMESH, S/O. SRI. ALEGOWDA, AGED ABOUT 65 YEARS,
4. SRI.MOHAN, S/O. SRI. GIDDEGOWDA, AGED ABOUT 65 YEARS,
5. SRI. AKASH, S/O. SRI. RAMACHANDRA, AGED ABOUT 28 YEARS,
6. SRI. DIKSHITH, S/O. SRI. LATE GOPAL .C.H, AGED ABOUT 33 YEARS,
7. SRI. SACHIN, S/O. SRI. HONNEGOWDA, AGED ABOUT 39 YEARS,
8. SRI. PRASHANTH, S/O. SRI. RAMESH, AGED ABOUT 34 YEARS, Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:5662 WP No. 2660 of 2026
9. SRI. SUBBEGOWDA, S/O. SRI. MANJEGOWDA, AGED ABOUT 66 YEARS,
10. SRI. RAMACHANDRA, S/O. SRI. EREGOWDA, AGED ABOUT 55 YEARS,
11. SRI. HOOVEGOWDA, S/O. SRI. MANJEGOWDA, AGED ABOUT 67 YEARS,
12. SRI.KALEGOWDA, S/O. SRI. GIDDEGOWDA, AGED ABOUT 80 YEARS,
13. SRI.SUDHANVA, S/O. SRI. KALEGOWDA, AGED ABOUT 40 YEARS,
14. SMT. MONAKSHI, W/O. SRI. GOPAL, AGED ABOUT 55 YEARS,
15. SRI. JAGADISH, S/O. SRI. GIDDEGOWDA, AGED ABOUT 70 YEARS,
16. SMT. KUSUMA, W/O. SRI. SUBBEGOWDA, AGED ABOUT 58 YEARS, ALL ARE RESIDING AT CHIKKAHALLA, SATTHIHALLI VILLAGE, ALDUR HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. …PETITIONERS (BY SRI. MANJUNATH PRASAD H.N, ADVOCATE)
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HC-KAR NC: 2026:KHC:5662 WP No. 2660 of 2026 AND:
1. SRI. C.R. LAKSHMAN GOWDA S/O LATE RUDREGOWDA, AGED ABOUT 85 YEARS, R/AT SATTHIHALLI VILLAGE, ALDUR HOBLI, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. 2. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, REPRESENTED BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU - 577 101. 4. THE ASSISTANT COMMISSIONER, CHIKKAMAGALURU SUB-DIVISION, CHIKKAMAGALURU - 577 101. 5. THE TAHASILDAR, CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT - 577 101. 6. THE CHIEF EXECUTIVE OFFICER, CHIKKAMAGALURU ZILLA PANCHAYATH, CHIKKAMAGALURU DISTRICT - 577 101. 7. THE PANCHAYATH DEVELOPMENT OFFICER, SATTIHALLI GRAM PANCHAYATH, CHIKKAMAGALURU TALUK DISTRICT - 577 101. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R2 TO R5, R7)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.
2 TO 7 TO
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HC-KAR NC: 2026:KHC:5662 WP No. 2660 of 2026 CONSIDER THE REPRESENTATION DATED 17-11-2025 AND FURTHER DIRECT ANNURE-E AND FURTHER DIRECT THE RESPONDENTS NO. 2 TO 7 TO INITIATE ACQUISITION PROCEEDINGS FOR ACQUIRING 0-09 GUNTAS OF LAND PASSING THROUGH AND SITUATED IN SY. NO. 155/2, 155/3, 155/4, 159 (NEW SY. NO. 384/3) OF SATTIHALLI VILLAGE, ALDUR HOBLI, CHIKKAMAGALURU TALUK AND DISTRICT AT THE COST OF THE PETITIONERS HEREIN, IN THE ENDS OF JUSTICE AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondent Nos.2 to 5. Notice to respondent Nos.1, 6 and 7 is not necessary for the following reasons. 2. The prayer in the writ petition is to issue a writ of mandamus directing respondent Nos.2 to 7 to consider the representation dated 17.11.2025 at Annexure-E given by the petitioners. In the said representation the petitioners are seeking the Deputy Commissioner, Chikkamagaluru District, the Assistant Commissioner, Chikkamagaluru Sub-Division, the Chief Executive Officer of the Zilla Panchayath and the Panchayath Development Officer of Satthihalli Grama Panchayath, to acquire a portion of the land in Sy.No.384 of
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HC-KAR NC: 2026:KHC:5662 WP No. 2660 of 2026 Satthihalli Village for the benefit of the petitioners. It is contended that there are about 16 families living in the houses constructed beyond the lands belonging to respondent No.1 and they have no other access. However, learned High Court Government Pleader points out to Annexures-B and C which are orders passed by this Court in W.P.No.16579/2022 dated 28.03.2024 and W.P.No.5348/2025 dated 24.02.2025. This Court held that the competent Civil Court has granted a decree of permanent injunction restraining not only the private parties but also the state authorities from interfering with the peaceful possession of the property belonging to respondent No.1.
Therefore, this Court held that it is not permissible for the revenue authorities to form a road without following the due process of law. It was made clear that if the respondent state and the revenue authorities are hell-bent on forming a public road on the property belonging to the petitioners, they may do so only after following the due process of law by notifying and acquiring the lands, if necessary, to form a public road. Learned High Court Government Pleader therefore submits that such relief cannot be given to the petitioners. - 6 -
HC-KAR NC: 2026:KHC:5662 WP No. 2660 of 2026
3. There is substance in the submission made by the learned High Court Government Pleader. When once this Court has declared that it is not permissible for the revenue authorities to form a public road on a property belonging to an individual, such a request made by the petitioners once again to the revenue authorities cannot be considered. As noticed earlier, in W.P.No.16579/2022, if at all the State Authorities want a portion of the property belonging to respondent No.1 to be used as a public road, it can do so only after following the due process of law by notifying and acquiring the lands. 4. It is also relevant to notice that the judgment of the Hon'ble Supreme Court in the case of Jayamma and Others Vs. The Deputy Commissioner and Others, Hassan District, Hassan, reported in (2013) 7 SCC 554, where it is declared that no Courts can issue directions to the State and its authorities to acquire a land. Therefore, the request made by the learned counsel for petitioners that the respondents should consider their representation is also rejected, while reserving liberty to the petitioners to approach the State Government. If
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HC-KAR NC: 2026:KHC:5662 WP No. 2660 of 2026 at all the State Government is keen on acquiring the land, it may do so in accordance with law. 5.
In that view of the matter, the writ petition stands dismissed. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 8