Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:22095 WP No. 12978 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 12978 OF 2026 (LB-RES)
BETWEEN:
1. SRI B N MALLIKARJUNA S/O LATE BARI NANJAPPA, AGED ABOUT 49 YEARS,
2. SRI.B.N.RAVICHANDRA S/O LATE. BARI NANJAPPA, AGED ABOUT 46 YEARS,
BOTH ARE RESIDING AT:
AJJANAGUDI ROAD, BARI NANJAPPA LAYOUT, NEAR ASSAR MOHALLA, CHALLAKERE-577522, CHITRADURGA DISTRICT. …PETITIONERS (BY SRI. SIDDAPPA B M.,ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOUSING AND URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE STATE OF KARNATAKA BY ITS SECRETARY,
Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:22095 WP No. 12978 of 2026
PUBLIC WORKS DEPARTMENT, M.S.BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577501. 4. THE ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION, CHITRADURGA-577501. 5. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CHALLAKERE-577522, CHITRADURGA DISTRICT. 6. THE COMMISSIONER, CHALLAKERE CITY MUNICIPAL COUNCIL, CHALLAKERE-577522, CHITRADURGA DISTRICT. 7. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, CHITRADURGA DIVISION, CHITRADURGA-577501. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA , AGA FOR R1 TO R6, SMT.SHILPA SHAH, ADVOCATE FOR R7)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER ORDER OR DIRECTION IN THE NATURE OF WRIT, DIRECTING THE RESPONDENTS, SPECIFICALLY RESPONDENT NO.7 NOT TO DEMOLISH THE
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HC-KAR NC: 2026:KHC:22095 WP No. 12978 of 2026
PETITIONERS- PROPERTY AND DISPOSSESS THE PETITIONERS FROM THEIR PROPERTY DESCRIBED BELOW WITHOUT ACQUIRING AND PAYING COMPENSATION EXCEPT UNDER DUE PROCESS OF LAW I.E., PROPERTY BEARING NO.14/11/537, TOTALLY MEASURING 171.15 SQ.MTRS I.E., EAST WEST 16.916434 SQ.MTRS NORTH SOUTH 10.058420 SQ.MTRS, SITUATED AT BELLARI -BENGALURU ROAD, CHALLAKERE CITY BOUNDED BY EAST- BELLARY ROAD, WEST BY- PROPERTY OF SHIVASHANKARAPPA, NORTH BY- PROPERTY OF SHIVASHANKARAPPA AND SOUTH BY- MUNICIPAL ROAD. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
ORAL ORDER
1. The case of the petitioners is that certain roads in Challakere Town have been sought to be widened for the purpose of a National Highway. It is the contention of the petitioners that they are having their property situated on the side of the road which is sought to be widened.
It is submitted that the authorities concerned have sought to widen the road without following due process of law. It is contended that no acquisition proceedings have been
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HC-KAR NC: 2026:KHC:22095 WP No. 12978 of 2026
initiated, nor the petitioners have been paid any compensation and that their property is sought to be demolished. Hence, the present writ petition is filed seeking a direction to the respondent - Authorities not to demolish the property of the petitioners without following due process of law. 2. The learned AGA appearing for respondent Nos.1 to 6 upon instructions, submits that any property required for widening of the road, if it is a private property, will be utilized only by following due process of law and not otherwise. 3. His submission is placed on record. 4. For the aforementioned reasons, the writ petition stands disposed of with a direction to the respondents to utilize private property on the side of the road which are sought to be widened only by following due process of law, by initiating the necessary acquisition proceedings as
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HC-KAR NC: 2026:KHC:22095 WP No. 12978 of 2026
contemplated in law, and not otherwise. Sd/- (M.I.ARUN) JUDGE
VMB List No.: 4 Sl No.: 6