Karnataka High Court
Smt Shakuntala vs The State Of Karnataka on 19 March, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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NC: 2025:KHC:11443
WP No. 26673 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 26673 OF 2024 (LB-RES)
BETWEEN:
1. SMT. SHAKUNTALA,
W/O T. VENKATESH REDDY,
AGED ABOUT 77 YEARS,
2. SRI. REDDY VISHAL KUMAR T.V,
S/O T. VENKATESH REDDY,
AGED ABOUT 53 YEARS,
BOTH R/AT 543, DAVANGERE ROAD,
OPPOSITE VETANARY HOSPITAL,
JAGALUR TLAUK,
DAVANAGERE DISTRICT - 577 528.
...PETITIONERS
(BY SRI. SANGAMESH R.B, ADVOCATE)
Digitally signed AND:
by VIJAYA P
Location: HIGH
COURT OF
KARNATAKA 1. THE STATE OF KARNATAKA,
PUBLIC WORKS DEPARTMENT,
VIKAS SOUDHA,
DR AMBEDKAR VEEDHI,
BENGALURU - 560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE DY. COMMISSIONER
DAVANAGERE DISTRICT,
CHITRADURGA - 577 501.
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WP No. 26673 of 2024
3. THE ASST. COMMISSIONER,
DAVANAGERE SUB DIVISION,
CHITRADURGA - 577 501.
4. THE ASST. EXECUTIVE ENGINEER,
PUBLIC WORKS DEPARTMENT,
JAGALUR - 577 501.
5. THE TAHSILDAR
JAGALUR TALUK,
JAGALUR - 577 501.
6. THE CITY MUNICIPAL COUNCIL
JAGALUR - 577 501,
REPRESENTED BY ITS COMMISSIONER.
...RESPONDENTS
(BY SMT. B.P. RADHA, AGA FOR R1, R3, R4, R5;
SRI. MAHESH R. UPPIN, ADVOCATE FOR R2, R6)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT AUTHORITIES RESTRAINING THEM FROM
INTERFERING WITH THE PETITIONER PEACEFUL POSSESSION
OF THE SCHEDULE PROPERTY IN ANY MANNER INCLUDING A
DIRECTION NOT TO DEMOLISH OR DISPOSSESS THE
PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY ALONG
WITH BUILDING WITHOUT FOLLOWING THE DUE PROCESS OF
LAW FOR THE PURPOSE OF WIDENING CHALLAKERE
DAVANAGERE MAIN ROAD AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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WP No. 26673 of 2024
CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
1. The petitioner has sought for issuance of writ to
direct the respondents by restraining them from
interfering with the peaceful possession of the schedule
property and with a further direction not to demolish or
dispossess the petitioner without following due process of
law for the purported purpose of widening the Challakere-
Davanagere main road.
2. The case of the petitioner is that they apprehend
action by the respondents for the purpose of road
widening as is evidenced by Media Report at Annexure-D.
3. Learned counsel appearing for the respondent
submits that they would undertake action only in
accordance with law.
4. Perused the order passed in W.P.No.13698-
13700/2019 as well as W.P.No.26656/2024. In identical
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circumstances that the directions passed in W.P.No.13698-
13700/2019 could be passed in the present matter also.
5. Observations at this Court in W.P.No.13698/2019
and connected matters at Paragraphs 6 to 9 reads as
follows:
"6. Heard learned counsel appearing for both the
sides. In view of undisputed facts, after hearing both
the sides, the matter is considered as below:-
The proposal to widen Bengaluru-Dharwad Road by
the respondents is sought to be implemented.
Insofar as private rights of the petitioners, who rely
on their documents of title, the same is a matter to
be taken note of by the respondent Authorities.
However, it is the contention of respondents that in
many of the cases, the petitioners have encroached
upon public property including the road and hence,
are not entitled to the reliefs as sought for.
For the purpose of a settled procedure to carry out
the activity of road widening, the following procedure
is prescribed:-
(a) Notices are to be issued to the petitioners and
the notices must prescribe necessary details,
including the extent of the property of the petitioners
that is required for the proposed road widening
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activity, calling upon the petitioners to submit their
documents of title and other records relating to
ownership and enjoyment of the properties. The
respondent Authorities to conduct an appropriate
enquiry under Section 82 of the Karnataka
Municipalities Act, 1964 ('the Act' for brevity), if it is
found that there is a claim by the respondent
Authorities as regards the properties of the
petitioners.
(b) After the statutory enquiry, in the event, the
petitioners' are found to have encroached the public
properties, reasonable time to avail of the legal
redressal could be granted before action is taken by
the respondent Authorities in accordance with the
enquiry concluded in terms of Section 82 of the Act.
In the event, the properties are found to be private
properties, the respondents are directed to acquire
rights in accordance with Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013 or in accordance with
any other law as may be applicable with respect to
acquisition of rights and interests of the properties of
the petitioners.
(c) It is also open to the respondent Authorities if
they so decide to acquire rights through outright
purchase through negotiations with the property
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owners in accordance with the procedure prescribed
relating to the purchase of private properties.
(d) It is also observed that the respondent
Authorities are required to take note of the
provisions contained in Chapter-IX of the Act relating
to prescribing of building lines. If such building lines
have not yet been prescribed, necessary steps to be
taken.
7. The above directions are passed taking note of
the order dated 23.03.2016 passed by this Court in
Writ Petition Nos.50600-50602/2014 (LA-RES), as
well as the judgment dated 18.03.2019 passed by
Division Bench in Writ Appeal Nos.4296-4299/2015
and 4300-4303/2015 and further, the directions
passed in Writ Petition Nos.30738-30757/2018 and
connected petitions vide order dated 14.01.2019.
8. Subject to the above observations, these writ
petitions are disposed of, reserving liberty to the
respondent Authorities to take necessary action in
accordance with law and in light of the observations
made hereinabove for making use or acquiring the
rights and interests of the properties of the
petitioners.
9. The respondent Authorities are also to keep in
mind the procedure prescribed in the Circular dated
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23.09.2016 vide No.£ÀCE 28 nJ0r 2016 while
resorting to the road widening activity."
6. In the present matter also, the aforesaid directions
are re-iterated and the respondents to follow the
procedure as extracted above at Paragraphs 6 to 9 of
W.P.No.13698/2019.
Accordingly, the petition is disposed off.
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
DHA
CT: BHK
