Karnataka High Court
C Ramachandra vs The Government Of Karnataka on 25 July, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2025:KHC:28488
WP No. 17248 of 2023
C/W WP No. 35919 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 17248 OF 2023 (GM-RES)
C/W
WRIT PETITION NO. 35919 OF 2024 (LB-RES)
IN WP No. 17248/2023
BETWEEN:
B. GEETHA SATHISH
W/O B.A. SATISH
AGED ABOUT 51 YEARS,
R/A NAGARKATTE ROAD,
VENKATESHWARA EXTENSION,
CHINTAMANI - 563 125,
CHIKKABALLAPURA DISTRICT.
...PETITIONER
(BY SRI. M.D. RAGHUNATH, ADVOCATE)
AND:
Digitally
signed by
PRAKASH N 1. STATE OF KARNATAKA
Location: THROUGH ITS SECRETARY,
HIGH COURT
OF DEPARTMENT OF HIGHER EDUCATION,
KARNATAKA
OFFICE AT ACS ESTABLISHMENT
2ND GATE, 6TH FLOOR,
M.S. BUILDING,
BENGALURU - 560 001.
2. THE ASSISTANT EXECUTIVE ENGINEER
NATIONAL HIGH WAY
(HIGHWAY ADMINISTRATION),
N.H. DIVISION, NO.14/3, 4TH FLOOR,
CFC BUILDING, NRUPATHUNGA ROAD
BENGALURU - 560 001.
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NC: 2025:KHC:28488
WP No. 17248 of 2023
C/W WP No. 35919 of 2024
HC-KAR
3. NATIONALS HIGHWAYS AUTHORITY INDIA,
REPRESENTED BY ITS CHAIRMAN,
G5 AND 6, SECTOR 10,
DWARKA, NEW DELHI - 110 075.
4. THE CITY MUNICIPAL COUNCIL,
CHINTAMANI,
REPRESENTED BY ITS COMMISSIONER
CHIKKABALLAPUR DISTRICT - 563 125.
...RESPONDENTS
(BY SRI. MOHMMED JAFFAR AHAH, AGA FOR R1;
SRI. MANJUNATH B.R, ADVOCATE FOR R4;
R2 SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO REFRAIN THE R2
OR ANY OF HIS REPRESENTATIVES FROM DEMOLISHING THE
SCHEDULE PROPERTY ALLOW THE WRIT PETITION ON COSTS
AND ETC.,
IN WP NO. 35919/2024
BETWEEN:
C. RAMACHANDRA
S/O D.N. CHIKKAVENKATAPPA,
AGED ABOUT 77 YEARS,
M.G.ROAD, CHINTAMANI - 563 125.
...PETITIONER
(BY SRI. R.V. ANAND, ADVOCATE)
AND:
1. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF URBAN DEVELOPMENT,
M.S. BUILDING, BANGALORE - 560 001,
REPRESENTED BY SECRETARY.
2. THE CHINTAMNI CITY MUNICIPALITY
CHINTAMANI - 563 125,
REPRESENTED BY COMMISSIONER.
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NC: 2025:KHC:28488
WP No. 17248 of 2023
C/W WP No. 35919 of 2024
HC-KAR
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1;
SRI. MANJUNATH B.R, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-DIRECT BY
PROHIBITING THE RESPONDENTS FROM DEMOLITION OF
THE PETITIONERS PROPERTY/STAIRCASE/STEPS OR ANY
PORTION OF THE PETITIONERS PROPERTY WITHOUT
FOLLOWING DUE PROCESS OF LAW AND ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
COMMON ORAL ORDER
The Petitioner has sought for issuance of the writ of mandamus by refraining Respondent No.2 or any of his representatives from demolishing the schedule property. It is the case of the Petitioner that efforts are on for widening of the road and markings have been made on the Petitioners properties.
2. It is submitted that in an identical factual matrix relating to the property in the same vicinity, this Court in W.P.No.17242/2023 and connected matters between N.S.VENKATESH v. UNION OF INDIA AND OTHERS had passed -4- NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 HC-KAR directions on 11.07.2025 and the present Petitions may be disposed off on same terms.
3. The observations made in the order in W.P.No.17242/2023 and connected matters reads as follows:
"The property owners and the persons in possession have approached this Court in all the three matters seeking for directions by this Court prohibiting the respondents from taking possession and demolishing the properties of the petitioners without due process of law.
2. It is the case of the petitioners that the properties have been built for more than 70 years. It is stated that frequently the respondent- Authorities i.e., either the Highways Authority or the Municipality Authority have been making markings on the properties of the petitioners stating that the properties constitute encroachment on public property and are required to be demolished.
3. Learned Additional Government Advocate and counsel appearing for the National Highways Authority submits that they would follow the process under law as regards the petitioners, if they were to take action against the petitioner's properties. The said submission is taken on record.
4. Learned Additional Government Advocate has filed a memo along with communication by the office of the Executive Engineer, NH Division, Bengaluru addressed to the State Counsel.
5. Perusal of the same would also indicate the stand of the National Highways Authority as well -5- NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 HC-KAR that they would take action after following due process of law. It is necessary to notice that the encroachment of the public property if any, either as put forth by the National Highways Authority or the Municipal Authority would require an enquiry as provided under the relevant statutes to find out if there is an encroachment. In such duly constituted enquiry, the respondents may put the petitioners on notice in the event of any encroachment of right of way or public property as the case may be.
6. It is only after such statutory exercise of power that the petitioners could be termed to be encroachers consequent to proceedings by the National Highways Authority or the Municipal Authority. The respondents authorities are at liberty to take action in accordance with law, subject to such observations. Petitions are disposed of, taking note of the stand of the respondents.
7. It is needless to state that if the enquiries are to be conducted by the respondents, in the event the case is made out by them that, there is an encroachment of public property, the petitioners and other affected persons may be afforded an opportunity of personal hearing in such enquiries. Accordingly, the petitions are disposed off subject to observations made."
4. Taking note of the observations made above, it would apply to the Petitioner in all aspects including as regards the observations made at paragraph Nos. 5 to 7. Therefore the present petitions are also disposed off on same terms and specifically in terms of directions at paragraph Nos. 5 to 7 in W.P.No.17242/2025 and connected matters as extracted above -6- NC: 2025:KHC:28488 WP No. 17248 of 2023 C/W WP No. 35919 of 2024 HC-KAR which are required to be adhered by the Respondents concerned.
Accordingly, both the writ petitions are disposed off.
Sd/-
(S SUNIL DUTT YADAV) JUDGE Bsv List No.: 2 Sl No.: 24 CT: BHK