The classification of a roadway as public or private under local laws necessitates resolution in civil court, with interim protections for public usage.

ORAL ORDER

W.P.No.19965/2024 is filed for a writ in the nature of mandamus to direct respondent Nos.1 and 2 to erect signboards, clearly declaring the schedule road to be a public street; a writ in the nature of mandamus is also sought to direct respondent Nos.1 and 2 to prevent any blockage or restriction of access over the schedule road from respondent Nos.3 to 5 or anyone else acting on their behalf; and writ in the nature of mandamus is also sought directing respondent Nos.1 and 2 to initiate appropriate action under the provisions of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (henceforth referred to as ‘the BBMP Act, 2020 ’ for short) as against respondent Nos.3 to 5 for blocking and causing obstruction of public street.

3. W.P.No.32115/2024 is filed seeking for writ in the nature of mandamus to direct respondent Nos.1 and 2 to repair and maintain the road and to prevent any unauthorized digging or blocking the road.

4. W.P.No.4623/2025 is filed seeking a writ in the nature of certiorari to quash the letter dated 15.01.2025 bearing Nos.JDTP(U)/PR/1049/2024-25 issued by respondent No.5 to petitioner No.1.

5. W.P.No.7326/2025 is filed seeking a writ in the nature of mandamus to direct respondent Nos.2 to 5 to consider the representations dated 24.01.2025, 07.02.2025 and 27.02.2025 and not to accord any permission or license in favour of respondent No.6.

6. All these writ petitions are concerning what is presently a double road measuring 24.60 meters wide and 480 meters long in Sy.No.30 which runs upto Sy.No.50 of Chokkanahalli Village, Yelahanka Hobli, Bengaluru North Taluk, Bengaluru linking Thanisandra Main Road to Nagareshwara Nagenahalli Main Road via Bhartiya City and bounded on the east by Bhartiya City Township, west by Thanisandra Main Road, north by Manipal Academy, Brindavan Apartments and other private properties and south by Diana Hostel and Prisha Orchids Apartments and other private properties. Therefore, any reference henceforth to a “double road” shall mean the road in question.

7. The petitioners in W.P.No.19965/2024 contend that petitioner No.1 is an educational trust, while petitioner No.2 is a developer having developed a township named Bhartiya City Township, comprising of 4,000 flats, commercial office space, hotels, mall, recreation centre etc., in an area spread over 125 acres. The double road acts as a thoroughfare between Thanisandra main road and Nagareshwara-Nagenahalli main road and is used by thousands of commuters and pedestrians on a daily basis. They contend that the owners of land in Sy.Nos.30, 33, 35, 36, 38 and 40 of Chokkanahalli Village had executed a gift deed dated 21.03.2003 in favour of the Deputy Commissioner, Bangalore Urban District on the request of the villagers of Chokkanahalli, Nagareshwara-Nagenahalli and Byrathibande Village and thereby relinquished portions of their land. They also declared in the gift deed that the area relinquished by them is for the purpose of a road from Bellahalli main road to Nagareshwara-Nagenahalli main road.

8. The petitioners contend that the existence of the double road can be seen from the layout plan of Venkatadri Estate approved in the year 2003. They further contend that respondent Nos.3 and 4 along with their father had entered into an agreement of sale in favour of one Sri Rangaswamy in respect of the property bearing Sy.No.32/1 of Chokkanahalli village. In the said agreement of sale, he had promised to procure a right of way to the property so agreed to be sold from the nearest public road and particularly from the owners of Sy.Nos.30, 33, 35, 36, 37, 38, 39, 41 and 44 on or before the