IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 4638 OF 2022 (LB-RES)

BETWEEN:

SRI B KRISHNA MURTHY S/O SRI BYATAPPA AGED ABOUT 56 YEARS RESIDING AT MARAGONDANAHALLI VILLAGE K R PURAM HOBLI BIDARAHALLI HOBLI BANGALORE-560099 …PETITIONER (BY SRI. P B RAJU., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REP BY ITS SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT Digitally signed MULTISTORIED BUILDING by SHWETHA BANGALORE-560001.

RAGHAVENDRA Location: HIGH COURT OF 2. THE EXECUTIVE ENGINEER KARNATAKA BANGALORE EAST TALUK PANCHAYAT, MAHADEVAPURA, VIDHANA SABHA CONSTITUTENCY BUDIGERE CROSS OPPOSITE TO GRAND WHEEL FACTORE BANGALORE-560049.

3. PANCHAYATH DEVELOPMENT OFFICER BIDARAHALLI GRAM PANCHAYATH BANGALORE-560049

4. THE BLOCK EDUCATION OFFICER DEPARTMENT OF PUBLIC INSTRUCTION DIESEL LOCO SHED ROAD GOVERNMENT HIGHER PRIMARY SCHOOL CAMPUS TRIVENI NAGAR K R PURA BANGALORE-560036.

5. THE HEAD MASTER GOVERNMENT HIGHER PRIMARY SCHOOL MARAGONDANAHALLI K RPURAM POST BANGALORE-560036.

…RESPONDENTS (BY SRI. H.V. BHANUPRAKASH., AAG FOR SMT. CHANDINI SINGH., HCGP FOR R1, R4 & R5;

SRI. M. PRADEEP., ADVOCATE FOR R2 & R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE RESPONDENTS NO.2 TO 3 ARE ENABLED TO CARRY OUT AND EXECUTE THE WORK ONLY ASP ER THE WORK ORDER WHICH AT ANENXURE-H AND NO MORE AND IN PARTICULAR SHALL NOT BLOCK OR ALTER THE NATURE OF THE SCHEDULE B PROPERTY EXISTING ROAD ABUTTING THE R-5 SCHOOL ON ITS NORTHERN SIDE AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The Petitioner is before this Court seeking for the following reliefs:

a) Declare that the Respondents No.2 to 3 are enabled to carry out and execute the work only as per the work order which at Annexure-H and no more and in particular shall not block or alter the nature of the Schedule ‘B’ property existing road abutting the 5^th Respondent School on its Northern Side;

b) Be pleased to grant such other relief or reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case.

2. The petitioner claims to be the owner of converted land measuring 6 acres 10 guntas situated at Maragondanahalli Village, Bidarahalli Hobli, Bengaluru East Taluk. It is his case that, after conversion, he formed a layout in the said property and sold several sites to various purchasers. According to him, there exists a road situated between the Government School and the Anganwadi, which provides access to his layout, and the respondents are now proposing to close the said road. In that background, the petitioner states that he submitted various representations seeking intervention. As those representations were not acted upon, the present writ petition has been filed seeking appropriate reliefs.

3. Upon issuance of notice, the respondents entered appearance. A survey was directed to be conducted and, pursuant thereto, a survey report has been placed on record. The survey report clearly indicates that there is no road in existence between the Government School and the Anganwadi. The report further discloses that the School and the Anganwadi form a single composite property and that it is only on the northern side of the School property that a road exists, which runs around the property adjoining that of the petitioner.

4. When the matter was heard, learned counsel for the respondents was specifically called upon to produce any document indicating the existence of a road between the School and the Anganwadi. No revenue record, village map, survey sketch, or other official document was produced to substantiate the petitioner’s assertion of such a road.

5. The petitioner, however, sought to rely upon a memo enclosing a notice dated 10.02.2026 issued by the respondents, contending that the issuance of such notice