WP/26066/2026 of SRI RAMAIAH Vs THE STATE OF KARNATAKA on 24 September 2026

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE T.P.VIVEKANANDA)

This writ petition is filed in the nature of Public Interest Litigation. The prayer sought in the writ petition is as follows:- "a) To issue Writ in the nature of Prohibition or any other Writ or direction restraining the Respondent Nos.9 to 11 from putting up construction of Temple over the schedule property within the prohibitory region of 25 mtrs., from the middle of Chikkonahalli main road as per the circular dated 30.06.2022 No.LOE466CRM- 2022(E) issued by Government of Karnataka vide Annexure-A; and b) To issue Writ in the nature of Mandamus or any other Writ or direction against the Respondent Nos.1 to 8 to implement the circular dated 30.06.2022 No.LOE466CRM2022(E) issued by Government of Karnataka vide Annexure-A; and c) To issue Writ in the nature of Mandamus or any other Writ or direction against the Respondent Nos.1 to 8 to measure Chikkonahalli MDR Road and fix border line for the construction of Temple over the schedule property as per circular dated 30.06.2022 No.LOE466CRM2022(E) issued by Government of Karnataka vide Annexure-A; and d) To issue Writ in the nature of Mandamus or any other Writ or direction against the Respondents to

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remove or demolish the construction of building over the schedule property within the prohibitory region of 25 mtrs., from the middle of Chikkonahalli main road as per the circular dated 30.06.2022 No.LOE466CRM- 2022(E) issued by Government of Karnataka vide Annexure-A; and e) To issue Writ in the nature of Mandamus or any other Writ or direction against the Respondent Nos.1 to 8 to consider the representation dated 17.06.2026 vide Annexure-E, representation dated 17.06.2026 vide Annexure-F, representation dated 17.06.2026 vide Annexure-G2, representation dated 17.06.2026 vide Annexure-H, representation dated 17.06.2026 vide Annexure-J, representation dated 17.06.2026 vide Annexure-K, representation dated 18.05.2026 vide Annexure-K2, representation dated 25.05.2026 vide Annexure-K3 in accordance with law.

2. The main grievance of the writ petitioners is that the private respondents are constructing a Temple in their private property, however, without leaving the Road margin required in terms of the Circular dated 30.06.2022. According to the writ petitioners, the Road margin of 25 metres is to be maintained from the middle of the Chikkonahalli Main Road in terms of the Circular referred to supra.

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3. This Court vide order dated 07.09.2026 issued notice and learned AGA was called upon to obtain instructions in the matter. Today, when the matter was taken up for consideration, learned AGA has filed a memo dated 24.09.2026 producing the copy of the Government Order dated 06.07.2026 upgrading 8 Village roads of Maddur Taluk to Major District Roads. Learned AGA has also produced the copy of the sketch prepared and signed by Assistant Executive Engineer, PWD and points out that the temple in question is being constructed in the road which connects SH 186 to Major District Road i.e., Chikkonahally gate to Chikkonahally. Therefore, the stipulation of road margin of 25 mtrs from the centre of Major District road is not applicable to the case on hand, since the property in question is not abutting either State Highway or the Major District road. It is his contention that since the road in question is neither the State Highway nor the Major District Road, the contention of the petitioners regarding maintaining the road margin of 25 mtrs is without any substance. Learned AGA further points out that, in the aforesaid circumstances, the

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Assistant Executive Engineer, PWD addressed the Communication dated 19.05.2026 to the Panchayat Development Officer, informing that the private respondents may be directed to maintain 6 mtrs of road margin from the edge of the road.

4. We have noticed the communication dated 19.05.2026 addressed by the Assistant Executive Engineer, Public Works Department, Maddur Sub-Division-II to the Panchayath Development Officer informing that the Temple is being constructed by the private respondents in the land which is a Gramathana and in respect of the Roads which are passing through Gramathana, the Road margin is required to be maintained at 6 metres and necessary instructions may be issued to the private respondents to construct the Temple by maintaining 6 metres of Road margin from the edge of the Road.

5. In that view of the matter, we are of the opinion that the further inquiry in this Public Interest Litigation is unwarranted and it is for the Panchayath Development Officer to hold an inspection of the Temple building in question to

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ascertain as to whether the Temple building is being constructed beyond 6 metres from the edge of the Road or not. If there is any violation of the same, it is for the jurisdictional Panchayath to take necessary action.

With the aforesaid observation, the writ petition is disposed of.

Sd/- (ANU SIVARAMAN) JUDGE

Sd/- (T.P.VIVEKANANDA) JUDGE

RAK List No.: 1 Sl No.: 38