Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:22091 WP No. 12889 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. 12889 OF 2026 (LB-RES) BETWEEN:
1. SMT G M JAYALAKSHMI W/O RUDRAPRASAD, AGED ABOUT 42 YEARS, RESIDING AT 3RD CROSS, VP EXTENSION, CHITRADURGA-577501. 2. SRI.G.S. MAHESHWARA S/O G.M. SHIVAPRASAD, AGED ABOUT 31 YEARS, RESIDING AT NO.2, 1ST FLOOR, 16TH CROSS, HEBBAL DASARAHALLI MAIN ROAD, BHUVANESHWARINAGAR, BENGALURU-560 024 …PETITIONERS (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. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:22091 WP No. 12889 of 2026
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- 577501
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 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 PETITIONERS BULLDING BEARING KATHA AND ASSESSMENT NO.254/249/68) MEASURING EAST WEST- 14 X 13FT. NORTH SOUTH 9.8 FTPLUS9.11/2FT X10 TOTALLY MEASURING 276.55 SQ.FT BOUNDED ON EAST- SELAM BELLARY ROAD, WEST HOTEL BUILDING BELONGS TO SADASHIVA HEBBAR, NORTH- SHOP BELONGS TO SMT.MALLAMMA AND SOUTH- BUILDING OF RAJASEKHARAPPA AND NOT TO DISPOSSESS THE PETITIONERS FROM THE PROPERTY DESCRIBED ABOVE
- 3 -
HC-KAR NC: 2026:KHC:22091 WP No. 12889 of 2026
WITHOUT ACQUIRING AND PAYING COMPENSATION EXCEPT UNDER DUE PROCESS OF LAW. 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 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. - 4 -
HC-KAR NC: 2026:KHC:22091 WP No. 12889 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.: 2