IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 11758 OF 2017 (LB-UC)

BETWEEN:

K.G. MAHESHWARAPPA S/O LATE GANGEGOWDA, AGED ABOUT 48 YEARS R/AT KANIVEHALLI VILLAGE, LAKYA HOBLI, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577101.

…PETITIONER (BY SRI. SANGAMESH G. PATIL, ADVOCATE)

AND:

1. PANCHAYATH DEVELOPMENT OFFICER LAKYA GRAMAPANCHAYATH CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577168.

Digitally signed by 2. THE PRESIDENT SUMA LAKYA GRAMAPANCHAYATH, Location: CHIKKAMAGALUR TALUK, HIGH CHIKKAMAGALUR DISTRICT-577168.

COURT OF KARNATAKA

3. SRI. K.M. KANTHARAJ GRAMAPANCHAYATH MEMBER AGED ABOUT 52 YEARS, KANIVEHALLI, LAKYA POST, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577168

4. SRI. K.V. BASAVARAJU AGED ABOUT 48 YEARS, GRAMAPANCHAYATH MEMBER KYATANABEEDU, LAKYA POST CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577168.

5. EXECUTIVE OFFICER TALUK PANCHAYTH, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577101.

6. CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, CHIKKAMGALUR DISTRICT-577101.

7. SMT. PUSHPA W/O MOHANRAJ AGED ABOUT 40 YEARS, R/O KANIVEHALLI, LAKYA HOBLI, CHIKKAMAGALUR TALUK, CHIKKAMAGALUR DISTRICT-577168.

…RESPONDENTS (BY SRI. ASHOK N. NAIK, ADVOCATE FOR RESPONDENT NOS.1, 2, 5 AND 6;

NOTICE SERVED ON RESPONDENT NOS.3, 4 AND 7)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1, 5 AND 6 TO CONSIDER THE CLAIM OF THE PETITIONER AND DIRECT THE RESPONDENT NO.6 TO COMPLY THE DIRECTIONS ISSUED BY THE SECRETARY DATED 04.06.2014 VIDE ANNEXURE-K AND DIRECT THE RESPONDENT NO.1 TO 6 TO REMOVE THE EXISTING STRUCTURE ON THE PUBLIC ROAD PUT UP BY THE 7^TH RESPONDENT 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 the following reliefs:

"a) Direct the Respondent No: 1,5 & 6 to consider the claim of the petitioner and direct the Respondent No: 6 to comply the directions issued by the Secretary dated 04-06- 2014 vide Annexure-K and direct the Respondent No: 1 to 6 to remove the existing structure on the public road put up by the 7th Respondent.

b) Direct the appointment of a Jurisdictional Court Commissioner to investigate and prepare a report regarding the actual existence and position of the public road in Sy No: 21 of Kanivehalli Village, Lakya Hobli, Chikkamagalur Taluk and place it before this Hon'ble court."

2. (i) The petitioner claims that he is the owner of survey No.23/2 measuring 1 acre 8 guntas out of 3 acre 38 guntas of Kanivehalli Village, Lakya Hobli, Chikkamagalur Taluk. He claims that he has an approach road through survey No.21 to reach his land and this approach road is in existence from time immemorial and is recorded in the village map. (ii) He claims that the Deputy Commissioner passed an order dated 19.03.1992 and had authorized the village Panchayath of Kanivehalli to form a layout in survey No.21 for allotment under the Ashraya Yojane. Accordingly, the Panchayath formed a layout and formed 55 sites in survey No.21 of Kanivehalli and distributed them to 48 homeless individuals. He claims that 7 sites are still not allotted to anyone.

(iii) He contends that the respondent Nos.1 to 3 had illegally formed a site on the existing public pathway after the layout plan was approved and have allotted the illegal site in favour of the respondent No.7. Later, the respondent Nos.1 to 4 have passed a resolution and effected Khatha in respect of the illegal site in favour of the respondent No.7. The road, over which, the illegal site was formed was the only approach for the petitioner to access his property and is now blocked. Though the petitioner had approached the officials of the Department of Panchayath Raj, no action was taken.

(iv) The Secretary of the Department of Panchayath Raj issued a direction to respondent No.6 to take steps and consider the