Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MAY, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY WRIT PETITION NO. 11528 OF 2026 (GM-RES) BETWEEN:
1. K MURALI MOHAN S/O LATE A.L. KRISHNAPPA, AGED ABOUT 45 YEARS RESIDING AT ADARSH NAGAR, MALUR TOWN, KOLAR DISTRICT - 563130
2. G.P. ANJANAPPA, S/O PUTTANNA, AGED ABOUT 66 YEARS, RESIDING AT GUDDANAHALLY VILLAGE, MALUR TALUK, KOLAR DISTRICT - 563130
Digitally signed by 3. RAJESH S, NANDINI M S S/O SRINIVAS, Location: AGED ABOUT 42 YEARS, HIGH COURT OF RESIDING AT SRI LAKSHMI NILAYA, KARNATAKA BACKSIDE OF JUNIOR COLLEGE, ADARSH NAGAR, MALUR TOWN - 563130
4. SMT. VEENA SRI M,
D/O MOHAN, W/O M. ARUN KUMAR, AGED ABOUT 48 YEARS, RESIDING AT MALUR TOWN, -2- KOLAR DISTRICT - 563130 …PETITIONERS (BY SRI SHRIRAM ADIGA, ADV. FOR SRI. SRINIVAS G., ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKAS SOUDHA, BENGALURU -560001 BY ITS PRINCIPAL SECRETARY
2. EXECUTIVE ENGINEER KARNATAKA STATE HIGHWAYS IMPROVEMENT PROJECT PROJECT IMPLEMENTATION UNIT K.R. CIRCLE BENGALURU - 560001 …RESPONDENTS (BY SMT. SARITHA KULKARNI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NOT TO DEMOLISH THE PETITIONERS PROPERTIES WITHOUT DUE PROCESS OF LAW (B)PASS SUCH OTHER ORDER OR ORDERS AS THIS HONBLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: -3- CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Heard the learned counsel for the petitioners and learned Additional Government Advocate on behalf of the respondents.
2. The petitioners are before this Court under Articles 226 and 227 of the Constitution of India seeking for the following reliefs: a) Issue a writ of mandamus directing the respondents not to demolish the petitioners’ properties without due process of law; b) Pass such other order or orders as this Hon’ble Court deems fit.
3. It is the case of she petitioners that their property
has been acquired for the purpose of formation of National Highway from Devanahalli to Hoskote. According to the petitioners, there are certain existing structures in the property in question and without taking note of the same and even before an award is passed, the respondent authorities are taking steps to demolish the said structures. -4-
4. Learned counsel for the petitioners referring to
certain photographs produced along with the petition submits that the property of the petitioners is already marked and therefore, they apprehend that the respondents are likely to take coercive steps to demolish the existing structure found in the property in question.
5. Learned Additional Government Advocate on
instruction submits that the acquisition proceedings is still under progress and at this stage, the respondent authorities are not intending to demolish the existing structure found in the petitioners’ property. She submits that if an appropriate representation is given to the competent authority by the petitioners, the same shall be considered and appropriate orders in accordance with law shall be passed within a reasonable period.
6. The said submission is placed on record.
7. The writ petition is disposed of granting liberty to the petitioners to submit an appropriate representation within a period of two weeks from the date of receipt of copy of this -5-
order before the competent authority putting forward their
grievance and the if the competent authority receives such a representation, the same shall be considered and appropriate orders in accordance with law shall be passed on the same as expeditiously as possible but not later than period of four months from the date of receipt of such an application.
8. In the meanwhile the respondent authorities are
directed not to take any coercive action as against the petitioners property more so as against the existing structures found in the petition schedule properties. SD/- (S VISHWAJITH SHETTY) JUDGE SSB