N.S. Venkatesh Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

N.S. Venkatesh Vs Union of India — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petitions disposed of taking note of the respondents' stand that any action against the petitioners' properties will follow due process of law; the authorities remain at liberty to act in accordance with law only after a statutory enquiry into alleged encroachment, with notice and an opportunity of personal hearing to affected persons.

Issue for consideration

Whether the respondents (National Highways/PWD authorities and Chintamani City Municipality) may take possession of, or demolish, the petitioners' properties alleged to constitute encroachment on public property/highway right of way without due process of law. +1 more

Court's answer

Any alleged encroachment of public property, whether as put forth by the National Highways Authority or the Municipal Authority, must be established through an enquiry as provided under the relevant statutes; in such duly constituted enquiry the respondents may put the petitioners on notice in the event of any encroachment of right of way or public property.

Ratio / Principle

It is only after such statutory exercise of power that the petitioners could be termed to be encroachers consequent to proceedings by the National Highways Authority or the Municipal Authority; the respondents authorities are at liberty to take action in accordance with law, subject to these observations.

Key takeaways

If enquiries are conducted by the respondents and a case is made out that there is an encroachment of public property, the petitioners and other affected persons may be afforded an opportunity of personal hearing in such enquiries.ratio¶88

Detailed headnote1 paragraphs

Writs under Articles 226 and 227 of the Constitution (GM-RES), High Court of Karnataka at Bengaluru, S Sunil Dutt Yadav, J., 11-07-2025 - three connected petitions by Chintamani property owners/persons in possession (properties stated by the petitioners to have been built for more than 70 years) seeking prohibition of taking possession of, and demolition of, their properties - alleged by the Highways Authority/Municipality to constitute encroachment on public property - without due process of law. The Additional Government Advocate and counsel for the National Highways Authority submitted they would follow the process under law; a memo with a communication from the office of the Executive Engineer, NH Division, indicated the NH Authority would act after following due process of law. HELD: (i) encroachment of public property, if any, either as put forth by the National Highways Authority or the Municipal Authority, would require an enquiry as provided under the relevant statutes; in such duly constituted enquiry the respondents may put the petitioners on notice in the event of any encroachment of right of way or public property; (ii) it is only after such statutory exercise of power that the petitioners could be termed encroachers; the authorities are at liberty to take action in accordance with law subject to these observations; (iii) if enquiries are conducted and a case of encroachment of public property is made out, the petitioners and other affected persons may be afforded an opportunity of personal hearing in such enquiries. Petitions disposed of, taking note of the stand of the respondents and subject to the observations made.

NC: 2025:KHC:25454 WP No. 17242 of 2023 C/W WP No. 17239 of 2023 WP No. 17742 of 2023

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JULY, 2025

BEFORE

THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

WRIT PETITION NO. 17242 OF 2023 (GM-RES)

C/W

WRIT PETITION NO. 17239 OF 2023 (GM-RES)

WRIT PETITION NO. 17742 OF 2023 (GM-RES)

IN WP No. 17242/2023

BETWEEN:

Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA

N.S. VENKATESH S/O N.V SRINIVAS, AGED ABOUT 59 YEARS, R/AT SHRI LAKSHMI NILAYA, DOOR NO.578/556, KUNTAGUDDE ROAD BEHIND NNT ROAD, NARASHINGPET, CHINTAMANI-563 125.

(BY SRI. KALYAN R, ADVOCATE)

AND:

…PETITIONER

UNION OF INDIA

ROAD TRANSPORT AND HIGHWAYS, SHASTRI BHAVAN, NEW DELHI-110 001, REP BY ITS SECRETARY.

THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS(NATIONAL HIGHWAYS ROAD),

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M.S BUILDING, BENGALURU-560 001, REP BY ITS SECRETARY.

THE EXECUTIVE ENGINEER NATIONAL HIGHWAYS DIVISION, NO.14/3, 4^TH FLOOR, ARAVIND BHAVAN, N.T ROAD, BENGALURU-560 001.

THE ASSISTANT EXECUTIVE ENGINEER NATIONAL HIGHWAY SUB DIVISION, CHIKKABALLAPUR-562 101.

THE CHINTAMANI CITY MUNICIPALITY DOUBLE ROAD, CHINTAMANI-563 125, REP BY COMMISSIONER.

…RESPONDENTS

(BY SMT. ANUPAMA HEGDE, CGSE FOR R1, SRI. MANJUNAH B.R, ADVOCATE FOR R5, SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE DIRECTION PROHIBITING THE RESPONDENTS FROM TAKING POSSESSION AND DEMOLITION OF THE PETITIONERS PROPERTY AS MENTIONED IN THE SCHEDULE WITHOUT DUE PROCESS OF LAW AND ETC.

IN WP NO. 17239/2023

BETWEEN:

C. RAMACHANDRA S/O D.N CHIKKAVENKATAPA, AGED ABOUT 76 YEARS, M.G ROAD, CHINTAMANI-563 125

...PETITIONER

(BY SRI. VENUGOPALA G.M, ADVOCATE)

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AND:

THE UNION OF INDIA DEPARTMENT OF ROAD TRANSPORT AND HIGHWAYS, SHASTRI BHAVAN, NEW DEHLI-110 001 REP BY SECRETARY

THE GOVERNMENT OF KARNATAKA DEPARTMENT OF PUBLIC WORKS(NATIONAL HIGHWAYS ZONE) M.S BUILDING, BANGALORE-560 001 REP BY SECRETARY

THE EXECUTIVE ENGINEER N.H DIVISION, NO 14/3, 4^TH FLOOR, ARAVINDA BHAVAN, N.T ROAD, BANGALORE-560 001

THE ASSISTANT EXECUTIVE ENGINEER NH SUBDIVISION, CHIKKABALLAPURA-562 101

THE CHINTAMANI CITY MUNICIPALITY CHAIRMAN-563 125 REPTD. BY COMMISSIONER

...RESPONDENTS

(BY SRI. A.C.CHETHAN, ADVOCATE FOR R1, SRI. MOHAMMED JAFFAR SHAH, AGA FOR R2 TO R4, SRI. MANJUNATH B.R, ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF PROHIBITION OR ANY OTHER WRIT OR DIRECTION, BY PROHIBITING THE RESPONDENTS FROM TAKING POSSESSION AND DEMOLITION OF THE PETITIONERS

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PROPERTY AS MENTIONED IN THE SCHEDULE WITHOUT DUE PROCESS OF LAW.

IN WP NO. 17742/2023

BETWEEN:

SHRI S RAJASHEKARA S/O SRI RAMAPPA, AGED ABOUT 55 YEARS, R/AT AGRAHARA CHINTAMANI, AGRAHARA WARD NO.30 BEHIND PATALAMMA TEMPLE, AGRAHARA 1^ST CROSS, CHINTAMANI-563 125

SHRI Y.N PRAKASH S/O SRI Y.L NAGARAJA SETTY, AGED ABOUT 70 YEARS, R/AT OPP: CORPORATION BANK WARD NO.11, BEHIND POST OFFICE ROAD, N.R EXTENSION, CHINTAMANI-563 125

...PETITIONERS

(BY SRI. KALYAN R, ADVOCATE)

AND:

THE UNION OF INDIA ROAD TRANSPORT AND HIGHWAYS, SHASTRI BHAVAN, NEW DELHI-110 001 REP ITS SECRETARY

THE STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS (NATIONAL HIGHWAY DIVISION), M.S BUILDING, BENGALURU 560001 REP ITS SECRETARY

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THE EXECUTIVE ENGINEER AND HIGHWAY ADMINISTRATION DEPARTMENT OF PUBLIC WORKS NATIONAL HIGHWAY DIVISION, NO 14/3, 4^TH FLOOR, ARAVIND BHAVAN, N.T ROAD, BENGALURU-560 001

THE ASSISTANT EXECUTIVE ENGINEER DEPARTMENT OF PUBLIC WORKS, NATIONAL HIGHWAYS SUB DIVISION, CHIKKABALLAPURA-562 101

THE CHINTAMANI CITY MUNICIPALITY DOUBLE ROAD, CHINTAMANI-563 125 REP BY COMMISSIONER

...RESPONDENTS

(BY SRI. HARSHA P BANAD, ADVOCATE FOR R1, SRI. MOHMMED JAFFAR SHAH, AGA FOR R2 TO R4, SRI. MANJUNATH B.R, ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF PROHIBITION OR ANY OTHER WRIT OR DIRECTION BY PROHIBITION THE RESPONDENTS FROM TAKING POSSESSION AND DEMOLITION OF THE PETITIONERS PROPERTY AS MENTIONED IN THE SCHEDULE WITHOUT DUE PROCESS OF LAW AND ETC.

THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV

ORAL ORDER

The property owners and the persons in possession have approached this Court in all the three matters seeking for directions by this Court prohibiting the respondents from taking possession and demolishing the properties of the petitioners without due process of law.

It is the case of the petitioners that the

properties have been built for more than 70 years. It is stated that frequently the respondent-Authorities i.e., either the Highways Authority or the Municipality Authority have been making markings on the properties of the petitioners stating that the properties constitute encroachment on public property and are required to be demolished.

Learned Additional Government Advocate and

counsel appearing for the National Highways Authority submits that they would follow the process under law as

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regards the petitioners, if they were to take action against the petitioner’s properties. The said submission is taken on record.

Learned Additional Government Advocate has filed a memo along with communication by the office of the Executive Engineer, NH Division, Bengaluru addressed to the State Counsel.

Perusal of the same would also indicate the stand of the National Highways Authority as well that they would take action after following due process of law. It is necessary to notice that the encroachment of the public property if any, either as put forth by the National Highways Authority or the Municipal Authority would require an enquiry as provided under the relevant statutes to find out if there is an encroachment. In such duly constituted enquiry, the respondents may put the petitioners on notice in the event of any encroachment of right of way or public property as the case may be.

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It is only after such statutory exercise of power

that the petitioners could be termed to be encroachers consequent to proceedings by the National Highways Authority or the Municipal Authority. The respondents authorities are at liberty to take action in accordance with law, subject to such observations. Petitions are disposed of, taking note of the stand of the respondents.

It is needless to state that if the enquiries are to be conducted by the respondents, in the event the case is made out by them that, there is an encroachment of public property, the petitioners and other affected persons may be afforded an opportunity of personal hearing in

such enquiries. Accordingly, the petitions are disposed off subject to observations made.

Sd/(S SUNIL DUTT YADAV) JUDGE

CR

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