- 1 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.5627 OF 2019 (LB-RES) BETWEEN: SRI. BABU REDDY S/O LATE GURULINGAREDDY AGRICULTURIST R/AT SURVEY NO.1/2 CHIKKANAYAKANAHALLI SARJAPURA ROAD VARTURU HOBLI BENGALURU-560 035 …PETITIONER (BY SRIYUTHS SUPREETH S.ATHREYAS, ANJAN B. REDDY AND NAVEEN PATIL, ADVOCATES) AND: 1. HALANAYAKANAHALLI GRAMA PANCHAYATH VARTURU HOBLI BENGALURU EAST TALUK BENGALURU-560035 REP. BY ITS PANCHAYATH DEVELOPMENT OFFICER 2. THE INSPECTOR OF POLICE BELLANDUR POLICE STATION VARTUR HOBLI BENGALURU EAST TALUK BENGALURU-560 035 3. SMT. BHAGYALAKSHMI W/O PRABHAKAR REDDY AGED ABOUT 51 YEARS R/AT NO.2250, 15TH 'C' CROSS 22ND 'B' MAIN, HSR LAYOUT Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 1ST SECTOR BENGALURU -560 102. …RESPONDENTS (BY SRI. CHANDINI SINGH., HCGP FOR R-2;; SRI.NARESH N., ADVOCATE FOR R-1; SRI.PRAKASH M.H., ADVOCATE FOR R-3) THIS WRIT PETITION IS FILED UDNER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NOT TO FORM ANY ROAD IN THE LAND BEARING SY.NO.1/2 MEASURING 1 ACRE SITUATED AT CHIKKANAYAKANAHALLI VILLAGE, VARTUR HOBLI, BENGALURU EAST TALUK WITHOUT DUE PROCESS OF LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: "a) Issue a writ in the nature of mandamus directing the respondents not to form any road in the land bearing Sy. No. 1/2 measuring 1 acre situated at Chikkanayakanahalli village Vartur Hobli Bengaluru east Taluk without due process of law. b) Issue a writ in the nature of mandamus directing the respondents to pay the compensation to the petitioner for having illegally trespassed upon the land of the petitioner and tried to form a road by demolishing the sheds constructed by the - 3 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 petitioner on his land and also direct them to restore the position of the land as it was. c) Issue such other appropriate writ or order or direction as this Hon'ble Court deems fit to grant under the circumstances of the case in the interest of justice and equity." 2. The petitioner claims to be the owner of the land in Sy.No.1/2 measuring 1 acre situated at Chikkanayakanahalli village, Varturu Hobli, Bengaluru East taluk, Bengaluru. The said land was earlier measuring 3 acres 30 guntas, which came to be divided in a partition among the brothers and the petitioner was allotted 1 acre on the southern side of the said survey number. In pursuance of which, a mutation was entered in the name of the petitioner in M.R. No. 38/2004 on 21.02.2005. As things stood as, respondents nos. 1 and 2 sought to form a road in the property of the petitioner, which was objected to by the petitioner contending that there is no such road in existence in the property of the petitioner and in that regard, the village map was also furnished to indicate that in the property of the petitioner, there is no road which is situate. - 4 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 Despite the said objection having been raised, the respondents sought to persist with the formation of the road and in that background, the petitioner has approached this Court seeking for the aforesaid relief. 3. The submission of learned counsel for the petitioner by relying on the village map is that there is no road which is in existence in Sy.No.1 in its entirety. Hence the question of any road being in existence in the land of the petitioner at Sy.No. 1/2 would not arise. His submission is that, it is at the behest of respondent No. 3 who had subsequently been impleaded, who had formed a layout on the southern side of the land of the petitioner, that a road has been sought to be formed to provide access to the layout formed by the respondent no. 3. It is in that background that a serious allegation is made that respondent nos. 1 and 2 are colluding with respondent no. 3 to usurp the land of the petitioner. 4. Learned Counsel for respondent no. 1 would submit that there is a road which is in existence on the southern side of the property of the petitioner and in that regard, - 5 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 he relies upon a survey sketch which has been produced at Annexure R-1, which has been drawn on the basis of the affidavit which had been filed by respondent no. 3 for the purpose of conversion of the land belonging to respondent no. 3 from agriculture to non-agricultural residential purposes and as per the said sketch, there is a road which is in existence and the petitioner cannot claim otherwise. 5. He also relies upon a declaration made by the Panchayath Development Officer on 30.5.2014 stating that there is a road forming access to land in Sy. No.1/1 through Survey No. 2 and 3 and as such the petitioner cannot contend otherwise. Reference is also made to the satellite map from Dishank as well as photographs to indicate that there is a road in existence on the southern side of the property of the petitioner. His submission is that this road has been sought to be obstructed by the petitioner. Complaints have also been filed by the Panchayat Development Officer and certain others, on which basis, an FIR in Crime No. 21 of 2019 has been registered by the Bellanduru police station. On - 6 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 this basis, he submits that the existence of a road cannot be disputed and the petitioner is seeking to obstruct the existing road as regards which respondent nos. 1 and 2 have sought to take action. 6. None appears for respondent no. 3. 7. Heard Sri Supreeth S Athreyas, learned counsel for petitioner; Sri Naresh .N., learned counsel for Respondent No1; and Smt. Chandhi Singh, learned HCGP for Respondent No.2 and perused the papers. 8. The dispute in the present matter is whether there is an existence of a public road on the southern side of the property of the petitioner. Though the present matter is a writ petition, the documents on record would be sufficient for examination of this issue and rendering a finding in regard thereto, without relegating the petitioner to a civil suit. 9. The documents on record clearly and categorically indicate, even according to the counsel for respondent no. 1, that there is a road. According to the counsel for - 7 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 respondent no. 1, there is a road situate on the southern side of the property of the petitioner by referring to Annexure R1. The said Annexure R1 has been prepared in order to facilitate the conversion of the land of respondent no. 3 from agriculture to non- agricultural residential purposes and not prepared on the basis of any affidavit which has been submitted by the petitioner. This is a self-serving affidavit and Survey Sketch created on the basis of the submission/affidavit of respondent no. 3 which cannot be said to be binding on the petitioner. 10. The declaration which has been given by the Panchayat Development Officer is also sought to be misinterpreted by counsel for respondent no. 1 by stating that there is a road to Survey No. 1/1 through Survey No. 2 and 3. The land of the petitioner admittedly bearing Survey No. 1/2, the land in Survey No. 1/1 is that belonging to respondent no. 3 and the road is passing through Sy. Nos.2 and 3 and not through Sy. No.1/2. As such, the contention of the counsel for respondent no. 1 that there is a road in existence on the - 8 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 southern side is not established even by the said document. 11. Insofar as the satellite map of the Dishaank is concerned, this photograph has been taken on 06.02.2019, which is after an attempt had been made for formation of a road to show that there is an existence of a road. The said picture is not one which has been taken at an undisputed point of time. Even the photographs which have been produced by respondent no. 1 are ones which have been taken after the road has been formed which had been objected to by the petitioner. 12. What is required to be seen is that independent documents are to be produced by respondent no. 1 to establish the existence of a public road to the southern side of the property of the petitioner since the negative thereto cannot be established by the petitioner. The positive aspect of existence of a road being required to be established by respondent no. 1 has not been established by respondent no. 1. The facts of the matter - 9 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 which have been stated hereinabove and a perusal of the satellite map of the dishaank would indicate that the road claimed to be in existence by respondent No.1 can only serve a better access to respondent no. 3 and it is for that reason apparently that the officers of respondent no. 1 have ex-facie colluded with respondent no. 3 in seeking to deprive the petitioner of his lands. 13. In that view of the matter, I am of the considered opinion that necessarily enquiry would have to be conducted by the Principal Secretary, Revenue Department or an officer designated by him into this issue to ascertain the complicity, if any, of respondent no. 1 and his officers with respondent no. 3. As such, I pass the following: O R D E R i) Writ Petition is allowed. ii) The respondents are restrained from forming any road in the land of the petitioner in Sy.No.1/2, measuring 1 acre - 10 - HC-KAR NC: 2026:KHC:5065 WP No. 5627 of 2019 situated at Chikkanayakanahalli village, Vartur Hobli, Bengaluru East taluk. iii) Learned HCGP is directed to communicate the above order to the Principal Secretary, Rural Development & Panchayat Raj Department. Enquiry report of the said Principal Secretary to be filed within four weeks from today. iv) Registry is directed to print the name of learned HCGP in the cause list to enable the filing of the report. v) Though the above petition is disposed of, re-list on 26.02.2026. SD/- (SURAJ GOVINDARAJ) JUDGE GSS List No.: 1 Sl No.: 37