Sri Ashwath Poojary Vs State of Karnataka

SRI ASHWATH POOJARY S/O CHANDRASHEKAR POOJARY AGED ABOUT 34 YEARS, RESIDING AT NO.1-105 RANGANAKEERI POST, BARKOORU HERADI VILLAGE BRAMHAVARA UDUPI-576210 THE PETITIONER ELECTRONIC EMAIL ADDRESS WOULD BE [email protected]

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Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA

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THE PETITIONER'S MOBILE TELEPHONE NUMBER WOULD BE 9945645005 ADHAR No. 899251588369

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(BY SRI. AJITH A SHETTY.,ADVOCATE)

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…PETITIONER

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AND:

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STATE OF KARNATAKA DEPARTMENT OF PUBLIC WORKS 1, SESHADRI ROAD SJP CAMPUS, NEAR K.R. CIRCLE, BENGALURU KARNATAKA-560001 BY ITS PRINCIPAL SECRETARY

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2 - NC: 2026:KHC:2540-DB WP No. 37327 of 2025

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HC-KAR

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STATE OF KARNATAKA DEPARTMENT OF WOMEN AND CHILD WELFARE 1 SESHADRI ROAD SJP CAMPUS NEAR K R CIRCLE BENGALURU KARNATAKA-560001 BY ITS PRINCIPAL SECRETARY

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PUBLIC WORKS DEPARTMENT UDUPI SUB DIVISION CIRCUIT HOUSE RD BRAHMAGIRI UDUPI KARNATAKA-576101 BY ITS CHIEF ENGINEER

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DEPUTY COMMISSIONER UDUPI DISTRICT, RAJATHADRI MANIPAL UDUPI-576104

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ASSISTANT COMMISSIONER UDUPI SUB DIVISION, UDUPI-576213

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TAHSILDAR BRAMHAVARA TALUK TALUK OFFICE, UDUPI-576213

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…RESPONDENTS

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(BY SMT. NILOUFER AKBAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 22PRAYING TO ISSUE A WRIT OF CERTIORARI, THEREBY SETTING ASIDE THE ORDER DATED 23.09.2025 BEARING REFERENCE NUMBER ADS/LND/PDR (2)/CR/97/2025/E-215597 PASSED BY THE 04TH RESPONDENT HEREIN, PRODUCED HEREWITH AS PER ANNEXURE-A.

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3 - NC: 2026:KHC:2540-DB WP No. 37327 of 2025

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HC-KAR

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

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ORAL ORDER

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(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

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The petitioner has filed the present petition as a public interest litigation, inter alia, impugning the order dated 23.09.2025, passed by respondent No.4 [Deputy Commissioner, Udupi District] reserving an area measuring 0.4 acres falling in Survey No.124/1 of Yadthadi Village, Bramhavara Taluk, Udupi District, in the name of the Women and Child Development Department, for the purpose of construction of Yadthadi Anganawadi Center, recording it in Column 11 of the Land Register. According to the petitioner, the said land falls within the margin of the road from of Bramhavara - Bannaadi-Bidrakal-Saudha-Siddapura Highway. The petitioner claims that the said highway has been upgraded to a state highway and therefore, an increased road margin is required to be maintained. It is contended that the subject land would be required for widening of the said road.

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HC-KAR

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Plain reading of the impugned order indicates that an Anganawadi Center was constructed on the subject land in the year 1976-1977. However, the said building is in a dilapitated condition. Thus, essentially, respondent No.4 has sanctioned the development of the said land for the same purpose.

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We may note that although the petitioner contends that the road in question has been upgraded to a State highway, an order dated 12.06.2021, which is annexed to the petition indicates that the road in question had been downgraded to a district main road. However, we do not propose to examine this question.

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Having stated above, the Deputy Commissioner would also have to consider whether the said land is required for widening of the road in question.

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We consider it apposite to direct respondent No.2 to consider the issue flagged by the petitioner and if any review of the impugned order is required, the Deputy Commissioner has liberty to review the same. However, we clarify that there is no requirement to give any notice to the petitioner or conduct any formal hearing.

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