Karnataka High Court
WP/20013/2025 of SRI. RAJU Vs THE DIVISIONAL RAILWAY MANAGER on 16 September 2026
CNR: KAHC010432552025 NC: 2026:KHC:50508 WP No. 20013 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 20013 OF 2025 (GM-PP) BETWEEN: SRI. RAJU AGED ABOUT 50 YEARS, S/O LATE SRI. R.
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF SEPTEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 20013 OF 2025 (GM-PP)
BETWEEN:
SRI. RAJU
AGED ABOUT 50 YEARS,
S/O LATE SRI. R. NAGAPPA
RESIDING AT HOUSE NO. 114,
BENNIGANAHALLI VILLAGE,
1ST MAIN ROAD, OLD MADRAS ROAD,
DOORAVANI NAGAR POST,
BANGALORE - 560 016.
…PETITIONER
(BY SRI. VIJAYA SHEKARA GOWDA V, ADVOCATE)
AND:
1.
THE DIVISIONAL RAILWAY MANAGER,
(WORKS SOUTHERN RAILWAYS)
DIVISIONAL OFFICE WORKS BRANCH,
BENGALURU - 23.
2.
ESTATE OFFICER,
SOUTH WESTERN RAILWAY,
BENGALURU DIVISION,
BENGALURU - 560 028.
…RESPONDENTS
(BY SRI. NAGARAJ HEGDE, ADVOCATE)
HC-KAR
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
IMPUGNED ORDER AND DECREE PASSED BY THE I ADDL
HONBLE CITY CIVIL AND SESSION JUDGE CCH-2 AT
BENGALURU INMA NO. 62/2022 DTD 9.6.2025 AS PER
ANNX-A AND B AND IMPUGNED ORDER PASSED BY THE R-2
IN ESTATE CASE NO. B/W-274 ENCRO ON RLY LAND AT
HOSUR DTD 5.05.2022 AS PER ANNX-C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
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ORAL ORDER
The writ petition is filed seeking the following reliefs: "a) Issue writ of certiorari and quash the impugned order and decree passed by the I Addl Hon'ble City Civil and Sessions Judge CCH-2 at Bengaluru in MA No. 60/2022 dated 09/06/2025 as per Annexure- A and B and impugned order passed by the 2nd respondent in Estate Case No. B/W-274 ENCRO ON RLY LAND AT HOSUR dated 05/05/2022 as per Annexure-C.
b) Issue Writ of Mandamus order or direction in the form of writ by directing the respondents No.1 Railways to pay damages for causing damage to the schedule premises.
HC-KAR
c) Any other order in the form of Writ or order or direction as the Hon'ble Court thinks fit including the cost of the petition."
2. Learned counsel for the respondents has filed a memo dated 16.09.2026 placing on record that, pursuant to the order dated 09.06.2025 (Annexure-A to the writ petition), which is impugned in the present writ petition, the respondents have taken possession of the property in question, on 28.07.2025 and the structure existing on the said property has been demolished.
3. This Court, vide order dated 21.07.2026, observed as under: "1. None appears for the petitioner.”
2. Learned counsel for the respondents would submit that the possession of the premises has been taken over and the property demolished.
3. If none were to appear for the petitioner in the next date of hearing, the petition would be liable to be dismissed for non-prosecution.
4. Re-list this matter on 30.07.2026."
HC-KAR
4. Accordingly, the writ petition stands dismissed as having become infructuous.
(C.M. POONACHA) JUDGE
VN List No.: 1 Sl No.: 49