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2025 Supreme(Online)(Kar) 25114
KARNATAKA HIGH COURT
M.I.ARUN, J
SRI. M. MANOOJ – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WRIT PETITION NO. 29538 OF 2025 (LB-RES)
For the Appellants/Petitioners: SRI. SIDDAPPA B.M.
For the Respondents: SRI. BOPANNA BELLIAPPA, AGA FOR R1 TO R6, SMT. G.K.BHAVANA
The court affirms that property utilized for public works must comply with established legal processes.
Headnote:In the matter of Writ Petition No. 29538 of 2025, the petitioner seeks a writ of mandamus against the respondents not to demolish and dispossess him from his property. The court observes that the proposal to widen the State Highway is in the public interest and must follow legal procedures. The court emphasizes that property utilization shall adhere strictly to legal protocols.
| Table of Content |
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| 1. arguments regarding public works proposal (Para 2) |
| 2. final order issued regarding property utilization (Para 3) |
ORAL ORDER
The writ petition is filed on the apprehension that the property of the petitioner may be utilized for widening of State Highway without following the due process. On the said ground, the following prayers are made:
"a). 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 and dispossess the petitioner from petitioner property bearing No.605/569/449 measuring East West 66.6ft (20.299721 mtrs), North South 23ft (7.0104.14 mtrs) situated at Bengaluru Bellari Main Road, Challakere City which is bounded on the East: Jalagara Hemanna's room, West:Selam Bellari Road (now it is called as Bengaluru Bellari Road), North:Municiapl Road, South:Shop belongs to Heggere Mallappa.
b). Costs and such other relief as this Hon'ble Court deem fit under the facts and circumstances of the case including an order as to cost."
2. Learned counsel for respondent no.7 upon instruction submits that the writ petition is premature. She further submits that, there is a proposal to widen the State Highway in the interest of general public and the same will be done only in accordance with law and not otherwise. She further submits that, in the process of widening the State Highway, if the property of the petitioner has to be utilized, the same will be acquired in the manner known to law and will be utilized only thereafter. She also submits that, if the petitioner has encroached upon any portion of the land, then in that event petitioner will not be entitled to any compensation. Her submission is placed on record.
3. Recording the submission of learned counsel for respondent no.7, the writ petition is disposed of with a direction to the authorities concerned to utilise the property which is the subject matter of the writ petition only in the manner known to law and not otherwise.
