Writ Petition No. 51423 of 2017 · The High Court
Case Details
- 1 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 51423 OF 2017 (LB-RES) WRIT PETITION NO. 39094 OF 2017 (LB-RES) C/W IN WP No. 51423/2017 BETWEEN: 1. SRI SIDDA MALLESHWARA VIRAKTA MUTT "B" RACHAIAH ROAD, CHAMARAJANAGARA TOWN & CHAMARAJANAGARA TALUK-571 313 REP BY ITS PRESIDENT, SRI SIDDA BASAVARAJASWAMIGALU
Legal Reasoning
2. SRI PARSHWANATHA JAIN SANGHA @ MAHAVEERA BHAVAN,JAIN STREET, CHAMARAJANAGAR-571 313 REP BY ITS PRESIDENT, SRI R V SHANTIPRASAD 3. SMT PREMA W/O LATE B SURENDRA RAJU, MANDIMARAMMA TEMPLE STREET, CHAMARAJANAGAR-571 313 (SENIOR CITIZENSHIP NOT CLAIMED) 4. SRI B SATISH KUMAR S/O LATE B SURENDRA RAJU, R/AT NO.8/109,K.T. STREET, CHAMARAJANAGAR-571 313 5. SRI R VEERENDRA KUMAR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 S/O LATE B SURENDRA RAJU, MANDIMARAMMA TEMPLE STREET, CHAMARAJANAGAR-571 313 6. SRI M VENKATESH S/O LATE N S MAYEGOWDA, R/AT NO.8/138,K.T.STREET, CHAMARAJANAGAR-571 313 (BY SRI. ASHOK KUMAR.M.C., ADVOCATE FOR SRI. SWAMY M M., ADVOCATE) …PETITIONERS AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING,DR.AMBEDKAR VEEDI, BANGALORE-560 001 REP.BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA-571 313 3. THE CITY MUNICIPAL CORPORATION CHAMARAJANAGARA TOWN, CHAMARAJANAGARA-571 313 REP. BY ITS COMMISSIONER 4. THE EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CHAMARAJANAGARA TOWN CHAMARAJANAGARA-571 313 5. THE SUPERINTENDENT OF POLICE CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA-571 313 6. NATIONAL HIGHWAY AUTHORITY OF INDIA REGIONAL OFFICE,SY.NO.13, NEAR DEEPAK BUS STOP, NAGASANDRA,M.S.RAMAIAH ENCLAVE, - 3 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 BENGALURU-560 073 REP.BY ITS PROJECT DIRECTOR (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1, R-2, R-4 & R-5; SRI. S.ANIL KUMAR., ADVOCATE FOR R-3; SRI. B.V.PRAKASH., ANGADI., ADVOCATE FOR R-6) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT AND PROHIBIT THE RESPONDENTS FROM ENTERING AND DEMOLISHING RESIDENTIAL COMMERCIAL BUILDINGS BELONGING TO THE P-1 WHICH IS SITUATED ON THE 'B' RACHAIAH ROAD, P-2 ON THE CAR STREET AND P-3 TO 6 ON THE 'MANDIMARAMMA STREET' CHAMARAJNAGAR TOWN, WITOUT DUE PROCESS OF LAW/WITHOUT INITIATING ACQUISITION PROCEEDINGS, ETC. AND THE IN WP NO. 39094/2017 BETWEEN: 1. SMT N NAGAMANI W/O SRI R M KANTHARAJU, AGED ABOUT 62 YEARS, B..RACHAIAH DOUBLE ROAD, CHAMARAJANAGAR, (SENIOR CITIZENSHIP NOT CLAIMED) 2. SRI S PANEENDRAIAH S/O LATE SREEPALAIAH, AGED ABOUT 80 YEARS, DOOR NO.22/165, BRAMARAMBHA 1ST CROSS, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 3. SRI D NAGARAJA S/O G DHRUVA SHETTY, AGED ABOUT 44 YEARS, C/O SRI SURABHI ENTERPRISES, DOUBLE ROAD, OPPOSITE R K NURSING HOME, CHAMARAJANAGAR TOWN-571313 - 4 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 4. SRI N SHIVAKUMAR S/O LATE M NANJUNDASWAMY, AGED ABOUT 73 YEARS, DOOR NO.22/272, BRAMARAMBHA EXTENSION, 3RD CROSS, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 5. SRI C S PARUSHURAMEGOWDA S/O LATE SIDDEGOWDA, NO.15/295, SAMRUDHI NILAYA, TCH COLLEGE ROAD, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 6. SRI C N RUDRASWAMY S/O LATE HUCHANNA, BEHIND B.D.CENTRE (NANDINI GRAPHICS) CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 7. SMT DAKSHAYANI W/O SRI C SHANTHAMALLAPPA, NO.15/366, SRI BASAVESHWARA NILAYA, SOMANNA LAYOUT, DOUBLE ROAD, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 8. SRI VASUDEVA RAO S/O LATE PADMANABHA RAO, SRINIVASA HOTEL, DOUBLE ROAD, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 9. SMT SHANTHARATHNAMMA W/O LATE R DHARMA RAO, AGED ABOUT 66 YEARS, NEAR BANK OF INDIA, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 10. SRI M NAGASUNDER - 5 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 S/O LALTE MALLEGOWDA, AGED ABOUT 87 YEARS, D.NO.21/57, KURUBARA STREET, IST CROSS, CHAMARAJANAGAR TOWN-571313 11. SRI C N MAHADEVASWAMY S/O LATLE M NANJUDASWAMY, AGED ABOUT 58 YEARS, BRAMARAMBHA EXTENSION 3RD CROSS, CHAMARAJANAGAR TOWN-571313 12. SRI C R NAGANANDA S/O LATE S RANGASWAMY, AGED ABOUT 42 YEARS, CHANDAKAVADI POST, CHAMARAJANAGAR TALUK-571342 13. SRI B C MANJUNATH SHASTHRY S/O B S CHANDRASHEKARAIAH, AGED ABOUT 42 YEARS, BHARAMARAMBA EXTENSION 2ND CROSS, CHAMARAJANAGAR TOWN-571313 14. SRI PUTTANANJAIAH S/O LATE MADAPPA, AGED ABOUT 79 YEARS, D.NO.15/364, DOUBLE ROAD, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 15. SRI C B NAGENDRAIAH S/O P BRAHAMADEVAIAH, AGED ABOT 70 YEARS, BHARAMARAMBA EXTENSION, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 16. SRI MAHADEVAIAH S/O GUNDAIAH, AGED ABOUT 59 YEARS, RAMASAMUDRA, CHAMARAJANAGAR TOWN-571342 - 6 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 17. SRI S K CHANDRASHEKAR S/O LATE KARIBASAPPA, AGED ABOUT 78 YYEARS, DOUBLE ROAD, CHAMARAJANAGAR TOWN-571313 (SENIOR CITIZENSHIP NOT CLAIMED) 18. SRI GANESHA H P S/O H RAMACHANDRA, AGED ABOUT 50 YEARS, SOMANNA LAYOUT, CHAMRAJANAGAR TOWN-571313 19. SRI P NAGARAJU S/O PILLAPPA, AGED ABOUT 58 YEARS DOUBLE ROAD, CHAMARAJANAGAR TOWN-571313 20. SRI Y V VENKATESH S/O LATE SRI Y V VENKATA VARADACHARM, DOUBLE ROAD, CHAMARAJANAGAR TOWN-571313 21. SRI C NAGARAJU S/O LATE CHINNAIAH, AGED ABOUT 50 YEARS, DEVANGA STREET, CHAMARAJANAGAR TOWN-571440 22. SRI M SHIVAMALLAPPA S/O P MAHADEVAPPA, AGED ABOUT 64 YEARS, BASAVAPURA, CHAMARAJANAGAR TOWN-571342 (SENIOR CITIZENSHIP NOT CLAIMED) (BY SRI. ASHOK KMAR.M.C., ADVOCATE) ...PETITIONERS AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, - 7 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 M.S.BUILDING, DR.AMBEDKAR VEEDHI, BANGALORE-560001 REP BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT, CHAMARAJANAGAR-571313 3. THE CITY MUNICIPAL CORPORATION CHAMARAJANAGAR TOWN, CHAMARAJANAGAR-571313, REP BY ITS COMMISSIONER 4. THE EXECUTIVE ENGINEER PUBLILC WORKS DEPARTMENT, CHAMARAJANAGARA TOWN, CHAMARAJANAGARA-571313 5. THE SUPERIENTENDENT OF POLICE CHAMARAJANAGARA DISTRICT, CHAMARAJANAGARA-571313 6. THE COMMISSIONER URBAN DEVELOPMENT AUTHORITY, CHAMARAJANAGARA-571313 7. NATIONAL HIGHWAY AUTHORITY OF INDIA REGIONAL OFFICE, SY.NO.13, NEAR DEEPAK BUS STOP, NAGASANDRA, M.S.RAMAIAH ENCLAVE, BENGALURU-560073 REP BY ITS PROJECT DIRECTOR (BY SRI. BOPANNA BELLIAPPA., AGA FOR R-1, R-2, R-4 & R-5; SRI. S.ANIL KMAR., ADVOCATE FOR R-3; SRI. A.V.GANGADHARAPPA., ADVOCATE FOR R-6; SRI. B.V. PRAKASH ANGADI., ADVICATE FOR R-7) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR ORDER OR DIRECTION AND PROHIBIT THE RESPONDENTS - 8 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 FROM ENTERING AND DEMOLISHING THE COMMERCIAL ESTABLISHMENT, SHOPS OR OTHER BUILDINGS OF THE PETITIONERS AND THE PERSONS WHO ARE SIMILARLY PLACED, WHICH ARE SITUATED ON EITHER SIDE OF B.RACHAIAH DOUBLE ROAD, CHAMARAJANAGAR TOWN AS DESCRIBED IN THE LIST OF PROPERTIES VIDE ANNEX-E AND E1 WITHOUT DUE PROCESS OF LAW/ WITHOUT INITIATING ACQUISITION PROCEEDINGS, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. These writ petitions are filed seeking for a direction to restrain the respondents from entering and demolishing the commercial establishments / buildings of the petitioners on either side of B.Rachaiah Double Road, Chamarajanagar Town, without following the due process of law or without initiating acquisition proceedings. 2. This Court, while entertaining these writ petitions, granted an interim order on 24.11.2017 observing that unless appropriate land acquisition proceedings - 9 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 3. 4. are initiated for any encroachment in accordance with law, the petitioners’ buildings cannot be demolished. The said interim order has protected the petitioners’ buildings for the past seven years. In my view, since it is the claim of the petitioners that they are the owners of the properties on which they have constructed commercial establishments, it is obvious that the respondents cannot demolish the same without following the due process of law. 5. If it is the case of the respondents that the petitioners have encroached upon the public property, it would be open for them to initiate appropriate proceedings. In any which way, the respondents cannot act in an arbitrary manner and dispossess the petitioners. 6. The writ petitions are accordingly disposed of holding that the respondents should not demolish the - 10 - NC: 2025:KHC:6593 WP No. 51423 of 2017 C/W WP No. 39094 of 2017 structures of the petitioners, except in a manner known to law. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 52