Disposed¶50

Sri N Shiva Shankar v. State of Karnataka

Karnataka HC9 Apr 2026WP/38204/2025

Case brief

AI extract

What is this about?

Road widening Gudibande town; Gudibande Pattana Panchayat demolition apprehension; notice dated/meeting 13-11-2025; Article 226 Article 227 Constitution mandamus; demolition only after due process of law; acquisition/demolition 'in the manner known to law'; Karnataka High Court disposed writ petition directing respondents proceed only in accordance with law and not otherwise; R2 Special Land Acquisition Officer deleted 17.12.2025; no cases cited; no compensation amount.

What did the court decide?

Petition disposed of (not dismissed/allowed in substantive terms): Court recorded the AGA's assurance and directed the respondents to proceed with the road widening of Gudibande town only in accordance with law and not otherwise; no interim injunction against demolition was granted beyond this conditional legal-process direction. ¶50

Sri N Shiva Shankar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the respondents may be restrained from demolishing the petitioners' private properties in the course of the proposed road widening of Gudibande town otherwise than in accordance with due process of law (writ of mandamus prayed for against respondent No.3).

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Ratio / Principle

Recording the submission of the learned Additional Government Advocate (appearing for the State and, as stated in the body of the order, on behalf of respondent No.3) that if the road widening results in acquisition or demolition of the petitioners' properties, the same will be done in the manner known to law and not otherwise, the Court disposed of the Writ Petition with a direction to the respondents to proceed with the road widening process of Gudibande town only in accordance with law and not otherwise.

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Detailed headnote1 paragraphs

High Court of Karnataka at Bengaluru (M.I. Arun, J.), Oral Order dated 09-04-2026 in W.P. No. 38204 of 2025 (LB-RES). Three residents of Gudibande town, apprehending demolition of their properties for a road-widening project of respondent No.3 (Gudibande Pattana Panchayat) without due process, pursuant to a notice issued by respondent No.3 fixing a meeting on 13-11-2025, sought a mandamus under Articles 226 and 227 of the Constitution restraining demolition save by due process. The Additional Government Advocate submitted that any resulting acquisition or demolition would be done in the manner known to law and not otherwise. Recording this submission, the Court disposed of the petition with a direction to the respondents to proceed with the road widening of Gudibande town only in accordance with law and not otherwise. Second respondent (Special Land Acquisition Officer) had been deleted vide petitioners' memo dated 17.12.2025; counsel for third respondent absent. No precedent engaged; no quantum involved.

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NC: 2026:KHC:19730 WP No. 38204 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 9^TH DAY OF APRIL, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 38204 OF 2025 (LB-RES)

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BETWEEN:

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SRI. N. SHIVA SHANKAR S/O LATE D. NANJAPPA & LATE SHARDAMMA, AGED ABOUT 65 YEARS, R/AT ARALE PET, RAMPATTNA ROAD, GUDIBANDE, GUDIBANDE TOWN, CHIKKABALLAPURA DIST., KARNATAKA - 561 209.

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Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

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SMT. G.K. NIRMALA D/O LATE G.N. KUTCHAPPA, W/O LATE A. BABU, AGED ABOUT 69 YEARS, R/AT ARALE PET, RAMAPATTNA ROAD, GUDIBANDE, GUDIBANDE TOWN, CHIKKABALLAPURA DIST., KARNATAKA - 561 209.

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SRI. G.V. NAGARAJA S/O LATE VENKATA SWAMY, AGED ABOUT 56 YEARS, R/AT RAMAPATTNA ROAD, RAMAPATNA ROAD, GUDIBANDE, GUDIBANDE TOWN, CHIKKABALLAPURA DIST., KARNATAKA - 561 209.

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…PETITIONERS

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(BY SRI. SUNIL S. RAO, ADVOCATE FOR SRI. T. SESHAGIRI RAO, ADVOCATE)

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2 - NC: 2026:KHC:19730 WP No. 38204 of 2025

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HC-KAR

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BANGALORE - 560 001.

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SPECIAL LAND ACQUISITION OFFICER M.G. ROAD, CMC CHIKKABALLAPURA, CHIKKABALLAPURA - 561 209.

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(DELETED VIDE ORAL SUBMISSION AND MEMO FILED BY THE PETITIONERS DATED 17.12.2025)

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GUDIBANDE PATTANA PANCHAYAT GUDIBANDE TOWN, GUDIBANDE, REPRESENTED BY ITS CHIEF OFFICER, GUDIBANDE TOWN, GUDIBANDE, CHIKKABALLAPUR DISTRICT - 561 209.

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EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT, CHIKKABALLAPURA CITY, CHIKKABALLAPUR DISTRICT - 562 101.

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…RESPONDENTS

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(BY SRI. BOPANNA BELLIAPPA,AGA FOR R1 & R4; V/O. DATED 17.12.2025 - R2 IS DELETED; SRI. V.I. MUNIRAJ GOWDA, ADVOCATE FOR R3-ABSENT)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE RESPONDENT NO.3 NOT TO DEMOLISH THE PRIVATE PROPERTIES OF THE PETITIONERS THAT IS DESCRIBED WITHIN THE PETITION SCHEDULE PROPERTY WITHOUT FOLLOWING DUE PROCESS OF LAW AND ETC.

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NC: 2026:KHC:19730 WP No. 38204 of 2025

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HC-KAR

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THIS PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.I.ARUN

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ORAL ORDER

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In order to take a decision regarding widening of the

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road in Gudibande town, a notice has been issued to the petitioners by respondent No.3. The notice reads as under:

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" �ಳ�ವ��ೆ ಪತ�

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/ೋಗುವ ರ�ೆ�ಯನು1 �ಾವ2ಜ4ಕರ 5ತದೃ7�8ಂದ ಅಗ�ೕಕರಣ ಾಡುವ ಬ'ೆ: ಚ<2ಸಲು ಾನ= ತಹ?ೕ@ಾAB Cಾಲೂ�ಕು ಕDೇ& ಗು�ಬಂ�ೆ ರವರ ಅಧ=FCೆಯ�� G-ಾಂಕ :13-11-2025 ರಂದು ಗುರು�ಾರ ಮHಾ=ಹ1 3.00 ಗಂIೆ'ೆ ಸ&JಾK Cಾಲೂ�ಕು ಕDೇ& ಸLಾಂಗಣದ�� ಸLೆಯನು1 ಏNಾ2�#ರುವ+ದ&ಂದ ಸದ& ಸLೆ'ೆ 4ೕವ+ ತಪO,ೇ /ಾಜ�ಾಗPೇ�ೆಂದು ಈಮೂಲಕ��ಯಪ�#,ೆ .

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NC: 2026:KHC:19730 WP No. 38204 of 2025

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HC-KAR

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Scared by the said notice, on the apprehension

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that their properties would be demolished without following the due process, the present writ petition is filed with the following prayers:

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"WHEREFORE, the Petitioner herein humbly prays that this Hon'ble Court be pleased to:

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a) Issue a writ in the nature of mandamus such other writ, order or direction to the Respondent No.3 not to demolish the private properties of the petitioners that is described within the Petition Schedule Property without following due process of law and;

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b) Grant such other order or orders as this Hon'ble Court deems fit to grant in the circumstances of the case, to meet the ends of justice."

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3. The learned Additional Government Advocate

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appearing for the respondent - State and also on behalf of respondent No.3 makes a submission that if the road is to be widened, resulting in the acquisition or demolition of the properties of the petitioners, the same will be done in the manner known to law and not otherwise.

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NC: 2026:KHC:19730 WP No. 38204 of 2025

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HC-KAR

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Recording the submission made by the learned

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Additional Government Advocate, the Writ Petition is hereby disposed of, with a direction to the respondents to proceed with the road widening process of Gudibande

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town only in accordance with law and not otherwise.

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Sd/(M.I.ARUN) JUDGE

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CH List No.: 1 Sl No.: 37

Sri N Shiva Shankar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri N Shiva Shankar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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