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2026 DAILYLAW 51809 (KAR)

SRI GADENAHALLI RAMAKRISHNAPPA v. THE CHIEF SECRETARY

WP/38915/2025 · 2026-01-28

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4484 WP No. 38915 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.38915 OF 2025 (LB-RES) BETWEEN: SRI GADENAHALLI RAMAKRISHNAPPA AGED ABOUT 63 YEARS S/O.KALAPPA R/AT MUTHUGADAHALLI JALA HOBLI BENGALURU NORTH TALUK-562 157 …PETITIONER (BY SRI M.N.UMESH, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVT. OF KARNATAKA VIDHANA SOUDHA BENGALURU-560 001 2. THE STATE OF KARNATAKA BY ITS SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 3. THE PANCHAYAT DEVELOPMENT OFFICER DODDAJALA GRAM PANCHAYAT YELAHANKA TALUK BENGALURU URBAN DISTRICT-562 157 4. THE ZILLA PANCHAYAT BENGALURU URBAN DISTRICT S.KARIYAPPA ROAD BANASHANKARI BENGALURU-560 070 Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4484 WP No. 38915 of 2025 REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER 5. THE EXECUTIVE OFFICER TALUK PANCHAYAT BENGALURU NORTH TALUK YELAHANKA BENGALURU-560 064 …RESPONDENTS (BY SMT.SPOORTH V., HCGP FOR R-1 & R-2; SRI M.S.DEVARAJU, ADVOCATE FOR R-3 & R-5; SRI K.M.PRAKASH, ADVOCATE FOR R-4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.1 TO CONSIDER AND DISPOSE OF THE PETITIONER'S REPRESENTATION DATED 09.09.2025 VIDE ANNEXURE-C IN ACCORDANCE WITH LAW WITHI A TIME FRAME TO BE FIXED BY THIS HON'BLE COURT. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. Sri M.S.Devaraju, learned counsel is directed to take notice for respondent Nos.3 and 5 and Sri K.M.Prakash, learned counsel is directed to take notice for respondent No.4. - 3 - HC-KAR NC: 2026:KHC:4484 WP No. 38915 of 2025 2. The petitioner is before this Court seeking the following reliefs: "a) Issue a Writ of Mandamus directing Respondent No.1 to consider and dispose of the Petitioner's representation dated 09-09-2025 vide ANNEXURE-C in accordance with law within a time frame to be fixed by this Hon'ble Court; b) Direct the Respondents to remove the trees and obstructions existing on the public road situated on the northern side of Sy.Nos.86/86 and 88/88 and southern side of Sy.No. 53/53 at Muttugadahalli Village, Doddajala Gram Panchayat, Yelahanka Taluk; c) Grant such other writ, order or direction as this Hon'ble Court deems fit to grant in the circumstances of the case in the interest of justice and equity." 3. The petitioner claims to be the absolute owner of the land in Sy.No.86/86 situated at Muttukadahalli Village, within the limits of Doddajala Gram Panchayat, Jala Hobli, Yelahanka Taluk, Bengaluru Urban District. The petitioner further claims that there is a road in existence on the northern side of the property of the petitioner. There was a suit in O.S.No.126/2003 filed in respect of the said road, in - 4 - HC-KAR NC: 2026:KHC:4484 WP No. 38915 of 2025 which the petitioner has succeeded. However, during the pendency of the said suit, the said public road has fallen to disuse resulting in several trees growing on the said road and as such, the road cannot be used as a road due to the obstructions thereon. In that view of the matter, the petitioner had submitted a representation on 09.09.2025 to respondent No.3 to take necessary action to remove the trees which are grown on the road and form the road in a proper manner. 4. The said representation not having been considered, the petitioner is before this Court seeking the above reliefs. Whenever any representation is submitted by a citizen to an authority, it is required to be considered and necessary order is passed either accepting or rejecting the said representation. Needless to say, any order passed would have to be accompanied by reasons. The representation which has been submitted on 09.09.2025 has remained - 5 - HC-KAR NC: 2026:KHC:4484 WP No. 38915 of 2025 unconsidered for last several months. As such, I pass the following: ORDER i) The writ petition is allowed; ii) Respondent No.3 is directed to consider the representation of the petitioner dated 09.09.2025 at Annexure-C and pass necessary orders on the same within a period of 30 days from the date of receipt of a copy of this order; iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner. SD/- (SURAJ GOVINDARAJ) JUDGE LB List No.: 2 Sl No.: 3