WP/38882/2025 of RAJA KALUVE ULISI HORATA SAMITHI (REGD) Vs STATE OF KARNATAKA on 29 September 2026

ORAL JUDGMENT

(PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN)

1. This writ petition is filed by Raja Kaluve Ulisi Horata Samithi (Regd.) which is a statutory Society registered under the Karnataka Societies Act, seeking the following reliefs; "a) Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondent No. 4 (Ullal City Municipal Council) and the Deputy Commissioner, Mangalore to immediately consider the representations submitted by the PetitionerVide Annexure K to K4, dated 11.7.2025. 16.7.2025, 28.7.2025, 31.7.2025 and 16.10.2025, and effectively take action to stop artificial flooding within Ullal CMC limits;

b) Issue a Writ of Mandamus or any other appropriate Writ, Order, or Direction, directing the Respondents to draw up a time-bound Action Plan

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and commence the eviction and demolition of all unauthorized constructions and encroachments identified on the 'Rajakaluves' and 'Poramboku' lands, ensuring the full width and natural flow of the stormwater drains are restored; (Annexure -D to D3 and E to E2)

c) Pass such other and further orders as may be deemed just and necessary in the facts and circumstances of the case, in the interest of public justice."

2. We have heard learned counsel for the petitioners as well as the learned Government advocate appearing for respondent Nos.1 to 6 as well as the learned counsel appearing for respondent No.7.

3. Though respondent Nos.8 and 9 have been put on notice, there is no appearance for the other respondents. In view of the directions that we intend to pass, we dispense with notice to respondent Nos.8 to 12.

4. Learned counsel for the petitioners submits that there are encroachments on storm water drains which has

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led to widespread flooding of the area and that Annexure-K series of representations have been submitted before respondent No.3, as well as respondent No.7 pointing out the actual details of the encroachments. It is submitted that no steps have been taken thereon.

5. However, learned counsel for respondent No.7 submits that a request has already been made to the ADLR seeking a survey of the area and the demarcation of the encroachments, if any, made on the storm water drains of the Raja Kaluve in the Ullal CMC limits.

6. The learned Government Advocate submits that a digital survey has already been undertaken and that a physical survey is being done in the matter and appropriate steps will be taken on the basis of the report of the survey by the competent among the respondents.

7. Learned counsel for respondent No.7 submits that once a report with regard to the encroachments are made available by the ADLR, necessary steps will be taken by

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respondent No.7 to evict the encroachments on the storm water drains of the Raja Kaluve as applicable.

8. Having considered the contentions, we are of the opinion that this is a fit case where the competent among the respondents should take necessary actions on Annexures-K to K4 representations preferred by the petitioners. The physical survey shall also be conducted with notice to the parties and appropriate report shall be placed on record before respondent No.7, as well as respondent No.3 by the ADLR. On such reports being made before respondent No.7, respondent No.7 shall take further follow-up action in the matter. Respondent No.3 is directed to consider the representations before him, with notice to the petitioners, respondent No.7, as well as respondent Nos.8 to 12 and to pass necessary orders in the matter.

9. It is made clear that order should be passed after issuing notice to all parties. The necessary shall be done

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within a period of four months from date of receipt of a copy of this order.

10. Accordingly, the writ petition is disposed of.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (K.S.BHARATH KUMAR) JUDGE

GH List No.: 1 Sl No.: 7