Writ petition challenging demolition of petitioner's property for road widening without following due process of law. Court disposed of the petition reserving liberty to approach if action is taken without legal procedure.
Petition disposed. Liberty reserved to petitioner to approach court if action is taken without following due process of law.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 22983 OF 2017 (GM-RES)
BETWEEN:
AGED ABOUT 66 YEARS, S/O LATE C.L. SHIVANNA, R/AT MAMATHA NILAYA, 2ND MAIN, 2ND CROSS, VINAYAKANAGAR, TUMAKURU - 572 101.
AGED ABOUT 67 YEARS, S/O LATE D. VARDHAMAN, R/AT MARUTHI ESTATES, HONNENAHALLI ROAD, SIRA GATE,
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
TUMAKURU-572 106
(BY SRI. RAJENDRA S., ADVOCATE FOR SRI. S.V. PRAKASH, ADVOCATE)
…PETITIONERS
AND:
DR. AMBEDKAR VEEDHI, BENGALURU-560 001
…RESPONDENTS
(BY SMT. NAVYA SHEKHER, AGA FOR R1 TO R7; R8 AND R9 ARE SERVED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE ACTION OF THE RESPONDENTS TO DEMOLISH THE PORTION OF THE BUILDINGS EXISTING ON THE SCHEDULE PROPERTIES DESCRIBED IN THIS W.P. AND TAKING OVER THE VACANT LAND OF THE PETITIONER FOR THE PURPOSE OF WIDENING THE WIDTH OF SIXTH RESPONDENT - TUMAKURU ROAD WITHOUT FOLLOWING THE PROCEDURES ESTABLISHED BY LAW AS ONE WITHOUT JURISDICTION AND WITHOUT AUTHORITY OF LAW AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner asserts to be owner of the property bearing Municipal Corporation No.666/2/3253/A (New
No.3843/A/65) (PID No.59719) measuring East to West 270 feet and North to South 150 feet consisting of ground plus first floor situated at Sira Gate, Ward No.2, Kalidasanagara, Tumakuru City,
Sd/JUDGE
NG
List No.: 1 Sl No.: 22
2 issues framed by the court
Whether the petitioners' property could be utilized for widening the road without following due process of law.
Whether the respondents' action violates Article 300A of the Constitution of India.
Dr. C.S. Neelakanta
A.V. Mahesh
State of Karnataka
Deputy Commissioner, Tumakuru District
Chief Engineer National Highways
Assistant Commissioner Tumakuru Sub-Division
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
