Petitioners sought removal of a trust's alleged illegal construction on 22 guntas of land in Singanayakanadinne village and mandamus for 2 guntas of road access. The court found disputed questions of fact of civil nature involved and dismissed the writ petition as Article 226 consideration did not arise.
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.
NC: 2024:KHC:20063 WP No. 4601 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 4601 OF 2024 (KLR-RES)
BETWEEN:
S/O LATE B. ADIMURTHY, AGED ABOUT 61 YEARS, R/A 7TH WARD, BAGEPALLI TOWN - 561 207, CHIKKABALLAPUR DISTRICT.
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
BAGEPALLI TOWN - 561 207, CHIKKABALLAPUR DISTRICT.
…PETITIONERS
(BY SRI. CHETHAN A.C., ADVOCATE)
AND:
NC: 2024:KHC:20063 WP No. 4601 of 2024
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO REMOVE THE ILLEGAL CONSTRUCTION PUT UP BY THE SEVENTH RESPONDENT IN 22 GUNTAS OF LAND IN SY. NO. 23 OF SINGANAYAKANADINNE VILLAGE, KASABA HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DIST.,AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
" 1. Issue a writ of mandamus directing the respondents to remove the illegal construction put up by the seventh respondent in 22 guntas of land in Sy. No.23 of Singanayakanadinne village, Kasaba Hobli, Bagepalli taluk, Chikkaballapur district; and
NC: 2024:KHC:20063 WP No. 4601 of 2024
petition as well as the representation dated 09.01.2024 Annexure-E, would indicate that disputed questions of fact are involved in this writ petition and the matter is of civil nature. Accordingly, consideration of the prayer of the petitioners under Article 226 of the Constitution of India does not arise.
SD/JUDGE
sac
List No.: 1 Sl No.: 13
1 issue framed by the court
Should respondents be directed to remove construction put up by respondent 7 in Sy. No.23 and provide 2 guntas of road access, via writ petition?
2 provisions across 1 enactments
K.A. Krishnamurthy
N. Gangadhara
Adinarayanappa
Smt. Shanthamma
The State of Karnataka represented by its Principal Secretary, Revenue Department
Deputy Commissioner Chikkaballapur District
E.S.Indiresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
