IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 2302 OF 2022 (LB-RES)

BETWEEN:

SRI. TANVEER PASHA S/O. H.Y. KHAJA PEER AGED ABOUT 45 YEARS R/O 7^TH CROSS, SRIRAMANAGARA TUMAKURU TOWN TUMAKURU-572101.

…PETITIONER (BY SRI. RAMESH K.R., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP. BY ITS ADDL. CHIEF SECRETARY DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA BENGALURU-560001.

Digitally 2. THE COMMISSIONER signed by TUMAKURU MAHANAGARA PALIKE SUMA TUMAKURU-572101.

Location:

HIGH …RESPONDENTS COURT OF KARNATAKA (BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;

SRI. SUBRAMANYA R., ADVOCATE FOR RESPONDENT NO.2)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO PAY THE COMPENSATION TOWARDS MAKING USE OF THE SCHEDULE PROPERTY BELONGING TO THE PETITIONER FOR FORMATION OF THE CONNECTING ROAD, WITHOUT ACQUIRING THE SAME IN ACCORDANCE WITH LAW, ILLEGALLY WITHIN A TIME FRAME AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a writ in the nature of mandamus to direct respondent No.2 to pay the compensation towards using up the schedule property for formation of a connecting road.

2. (i) The petitioner claims that his grandfather had purchased a shop premises bearing CMC old Khatha No.1643/A and new Khatha No.1816/1967 measuring east to west 10 feet and north to south 12 feet situate at Santhepet, Tumakuru town in terms of a sale deed dated 30.01.1958. He executed a Will bequeathing the aforesaid property in favour of the father of the petitioner. The grandfather of the petitioner died on 22.07.1993 and hence his father became the full and absolute owner. The petitioner claims that the Khatha of the aforesaid property stood in the name of his father. He claims that the property is situated adjacent to Santhepete main road and that in the year 2009 at the instance of some vested interests, the said property was taken over in a high-handed manner without following the due process of law.

(ii) The father of the petitioner filed O.S.No.814/2009 for perpetual injunction. As no order of interim injunction was granted the authorities of respondent No.2 took over and formed a road on the property. The suit was thereafter withdrawn with a view to pursue other remedies for claiming compensation from the respondents. The father of the petitioner then approached respondent No.2 seeking compensation. The respondent No.2 in its meeting held on 16.05.2012 resolved to take suitable action in accordance with law to acquire the property in question. The father of the petitioner died on 28.10.2017, leaving behind the petitioner and his siblings and his mother. It is contended that notwithstanding the said resolution, no steps are taken by respondent No.2 to pay compensation. The petitioner is therefore before this Court seeking for the aforementioned reliefs.

3. Learned counsel for the petitioner reiterated above contentions and contended that the property of the petitioner was indisputably used up for formation of a road and the respondent No.2 was bound to pay compensation.

4. The writ petition is opposed by respondent No.2 which has filed its statement of objections inter alia contending that the writ petition raises complex questions of fact and title and that unless there is an adjudication by the Civil Court the petitioner cannot pursue the remedies in this writ petition. Besides the above, it is contended that the other family members of the petitioner are not arrayed as parties to the writ petition. It is further contended that under Section 175 of the Karnataka Municipal Corporations Act, 1976, no acquisition or purchase of land by the Corporation can be undertaken without the prior approval of the State Government and therefore, even i