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2026 DAILYLAW 8310 (KAR)

SRI.R.SUBRAMANYA GUPTA, v. THE STATE OF KARNATAKA

WP/12888/2026 · 2026-04-22

M I Arun

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:22090 WP No. 12888 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. 12888 OF 2026 (LB-RES) BETWEEN: 1. SRI.R.SUBRAMANYA GUPTA, S/O A.S.RAMAKRISHNA SHETTY, AGED ABOUT 53 YEARS, RESIDING AT 2ND CROSS, BELLARI ROAD, NEAR PEERLAGUDI, CHALLAKERE-577522, CHITRADURGA DISTRICT. …PETITIONER (BY SRI. SIDDAPPA B.M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, HOUSING & URBAN DEVELOPMENT DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001 2. THE STATE OF KARNATAKA BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, M.S.BUILDINGS, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, CHITRADURGA DISTRICT, CHITRADURGA-577501. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:22090 WP No. 12888 of 2026 4. THE ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION, CHITRADURGA-577501. 5. THE ASST. EXECUTIVE ENGINEER, PUBLIC WORKS DEPARTMENT, CHALLAKERE-577522, CHITRADURGA DISTRICT. 6. THE EXECUTIVE ENGINEER, NATIONAL HIGHWAYS, CHITRADURGA DISTRICT, CHITRADURGA-577501 7. THE COMMISSIONER, CHALLAKERE CITY MUNICIPAL COUNCIL, CHALLAKERE-577522, CHITRADURGA DISTRICT. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R5 & R7; SMT. SHILPA SHAH, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS, SPECIFICALLY RESPONDENT NO.7 NOT TO DEMOLISH THE PETITIONERS PROPERTY BEARING NO.535-A, PRESENT NO.8-8-535A SITUATED AT BELLARY ROAD, CHALLAKERE CITY, MEASURING EAST WEST 17FT, NORTH SOUTH 10FT BOUNDED BY EAST: BELLARY-BENGALURU ROAD, WEST: HOUSE OF SIDDARAMA SHETTY, NORTH: PROPERTY OF DARJI BASAPPA'S CHILDREN PRESENTLY HOUSE OF JAVALAI BASAPPA AND OTHERS AND SOUTH: HOUSE OF SIDDARAMA SHETTYAND NOT DISPOSSESS THE PETITIONER FROM THE PROPERTY DESCRIBED ABOVE WITHOUT ACQUIRING AND PAYING COMPENSATION EXCEPT UNDER DUE PROCESS OF LAW AND ETC.. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:22090 WP No. 12888 of 2026 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The case of the petitioner 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 petitioner that he is having his 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 initiated, nor the petitioner has been paid any compensation and that the 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 petitioner without following due process of law. - 4 - HC-KAR NC: 2026:KHC:22090 WP No. 12888 of 2026 2. The learned AGA appearing for respondent Nos.1 to 5 and 7, 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 contemplated in law, and not otherwise. Sd/- (M.I.ARUN) JUDGE VMB List No.: 4 Sl No.: 1