Sri Chowdappa Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

Sri Chowdappa Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Writ Appeal disposed of with a direction to respondent Nos.4 and 5 (Assistant Commissioner, Bengaluru South and Tahsildar, Anekal Taluk) to conduct an enquiry and survey of the road and abutting land after notice to all affected parties including the petitioner, and to take steps as per the report for maintaining free flow on the road and removal of obstructions, if any; pending applications, if any, stand disposed of as they do not survive for consideration.

Issue for consideration

Whether the appellant could have any legitimate grievance against the directions issued by the learned Single Judge in the impugned order dated 28.01.2025 in WP No.23973/2024 (enquiry into the actual width of the road and removal of obstructions), such as to warrant setting aside that order in this intra-Court writ appeal. +1 more

Court's answer

The Division Bench failed to understand how anyone could be aggrieved by the directions issued by the learned Single Judge in the impugned order; the Single Judge had merely directed the Tahsildar and the Assistant Director of Land Records to conduct an enquiry regarding the actual width of the road and remove obstructions, if any.

Ratio / Principle

In view of the directions issued by the learned Single Judge, the Division Bench disposed of the Writ Appeal directing respondent Nos.4 and 5 (Assistant Commissioner, Bengaluru South and Tahsildar, Anekal Taluk) to conduct an enquiry and survey of the road and abutting land by issuing notice to all affected parties including the petitioner, and to take steps as per the report for maintaining free flow on the road and removal of obstructions, if any.

Detailed headnote1 paragraphs

Karnataka High Court, Division Bench (D K Singh and T.M. Nadaf, JJ.) — Writ Appeal No.1740 of 2025 (KLR-RES) under Section 4 of the Karnataka High Court Act against the learned Single Judge's order dated 28.01.2025 in WP No.23973/2024. The Single Judge, acting on the Government Advocate's concession of a technical discrepancy causing overlapping land boundaries, had directed the jurisdictional Tahsildar and the Assistant Director of Land Records, Anekal Taluk to conduct an immediate site inspection, determine the actual width of the road running through Sy.Nos.77/1, 75/3 and 75/4 (with Sy.No.76/3 opposite), keep it free of obstruction and safeguard adjoining owners' access. The Division Bench held that no one could be aggrieved by such directions and disposed of the appeal, directing respondent Nos.4 and 5 (Assistant Commissioner, Bengaluru South and Tahsildar, Anekal Taluk) to conduct an enquiry and survey of the road and abutting land after notice to all affected parties including the petitioner, and to act on the report to maintain free flow on the road and remove obstructions, if any. Pending applications were disposed of as not surviving.

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NC: 2026:KHC:13016-DB WA No. 1740 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF MARCH, 2026

PRESENT

THE HON'BLE MR. JUSTICE D K SINGH

AND

THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1740 OF 2025 (KLR-RES)

BETWEEN:

SRI. CHOWDAPPA, S/O.NALLAPPA, AGED ABOUT 50 YEARS, R/AT KOPPA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT - 560 105.

…APPELLANT

(BY SRI. DIWAKAR, ADVOCATE)

AND:

Digitally signed by REKHA R

Location: High Court of Karnataka

THE STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001.

THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, BENGALURU - 560 001.

THE DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, BANGALORE DISTRICT, BENGALURU - 560 001.

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THE ASSISTANT COMMISSIONER, BENGALURU SOUTH, BENGLURU - 560 001.

THE TAHSILDAR, ANEKAL TALUK, ANEKAL - 562 102.

THE ASSISTANT DIRECTOR OF LAND RECORDS, ANEKAL - 562 102.

SRI. SEVAGYAN, A REGISTERED CHARITABLE TRUST OFFICE AT HOUSE NO.203, 2^ND MAIN ROAD, BRINDIVAN EXTENSION, ARAKERE MICO LAYOUT, BENGALURU - 560 076.

REPRESENTED BY ITS CHAIRMAN, G.PANDU NAIK, S/O. LATE GOVINDA NAIK, AGED ABOUT 59 YEARS,

…RESPONDENTS

(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R6)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.23973/2024 DATED 28.01.2025 ACCORDING ISSUE A WRIT PETITION IN THE NATURE OF MANDAMUS HEREBY QUASH THE ORDER DATED 28.01.2025 IN WP NO.23973/2024.

THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

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NC: 2026:KHC:13016-DB WA No. 1740 of 2025

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ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

This intra-Court appeal is filed impugning the Order dated 28.01.2025 passed by the Writ Court in Writ Petition No.23973/2024.

According to the petitioner, he is the owner of property bearing Sy.No.74/2 measuring 01 Acre, which includes 03 Guntas of Kharab land. After converting the land for non-agricultural educational purpose, the petitioner has constructed a school building and running the school in the name and style of League Global School. The petitioner filed the Writ Petition being aggrieved by the obstruction on the road, which runs through land bearing Sy.Nos.77/1, 75/3 and 75/4 and on the opposite side, the land bearing Sy.No.76/3 owned by respondent No.6 - private person.

The learned Government Advocate before the Writ Court submitted that there existed a technical discrepancy, which had resulted in an overlapping of land

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boundaries, thereby affecting the actual width of the road. Considering the aforesaid stand of the Government, the learned Single Judge had directed the jurisdictional Tahsildar along with the Assistant Director of Land Records, Anekal Taluk to conduct an immediate site inspection and take all necessary measures to ensure that the road remains free from any obstructions. Until such time as the actual width of the road is conclusively determined by the concerned authorities, the authorities should take steps for free flow on the existing road. The Tahsildar was further directed to undertake all appropriate steps to safeguard the right of access for the owners of the adjoining properties and prevent any unauthorized hindrance to the use of the road.

We fail to understand how anyone can be

aggrieved by the directions issued by the learned Single Judge in the impugned order. The learned Single Judge has only directed the Tahsildar and the Assistant Director of Land Records to conduct an enquiry regarding the

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actual width of the road and remove the obstructions if any on the road. Considering the directions issued by the learned Single Judge, we dispose of this Writ Appeal directing the respondent Nos.4 and 5 to conduct an enquiry and survey of the road and abutting land to the road by issuing notice to all affected parties including the petitioner and take steps as per the report for maintaining free flow on the road and removal of obstructions if any.

With the aforesaid direction, we dispose of the Writ appeal.

In view of disposal of the appeals, pending applications, if any, shall stand disposed of, as they do not survive for consideration.

Sd/(D K SINGH) JUDGE

Sd/(T.M.NADAF) JUDGE

TKN List No.: 1 Sl No.: 11