Karnataka High Court
WP/26661/2026 of ASHOK ACHARYA Vs THE STATE OF KARNTAKA on 1 September 2026
CNR: KAHC010593602026 NC: 2026:KHC:47365-DB WP No. 26661 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO.26661 OF 2026 (GM-RES-PIL)
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA
WRIT PETITION NO.26661 OF 2026 (GM-RES-PIL)
BETWEEN:
ASHOK ACHARYA
S/O LATE SRIDHARA ACHARYA,
AGED ABOUT 42 YEARS,
R/AT COFFEENADKA,
NANDRIJALU HOUSE,
TENKAKARANDUR VILLAGE & POST,
BELTHANGADI TALUK,
D.K. DISTRICT, PIN-574217.
…PETITIONER
(BY SRI. RAVIKUMAR G.H., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING, BENGALURU-560001.
2.
DEPUTY COMMISSIONER,
DKASHINA KANNADA DISTRICT
MANGALURU-575007.
3.
ASSISTANT COMMISSIONER
PUTHHURU SUB DIVISION
PUTHHURU, D.K. DISTRICT,
Digitally signed by
MAHALAKSHMI B
M
Location: High Court
of Karnataka
HC-KAR
PINCODE-574201.
4.
THASILDHAR
BELTHANGADI TALUK,
BELTHANGADI, D.K. DISTRICT,
PIN CODE-574214.
5.
PANCHAYATH DEVELOPMENT OFFICER
KOWKRADI GRAMA PANCHAYATH,
KADABA TALUK, D.K. DISTRICT,
PIN CODE-574229.
6.
EXECUTIVE OFFICER,
TALUK PANCHAYATH,
KADABA, KADABA TALUK,
D.K. DISTRICT-574221.
7.
CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYATH,
MANGALURU,
D.K. DISTRICT-575006.
…RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA R/W RULE 14(1) OF THE HIGH
COURT OF KARNATAKA (PRACTICE AND PROCEDURE FOR
PUBLIC INTEREST LITIGATION) RULES - 2018 PRAYING TO ISSUE
WRIT OF MANDAMUS OR ANY OTHER WRIT DIRECTING THE
RESPONDENTS TO REMOVE THE ENCROACHMENT AND ILLEGAL
CONSTRUCTION CAUSED ON THE BOTH SIDE OF THE KUNDADKA
ROAD MARGIN, KOWKRADI VILLAGE, AND TO REMOVE OTHER
HURDLES THEREBY FREE UP THE ROAD FOR BETTER USE OF
THE PUBLIC AT THAT LOCALITY AS PER THE REPRESENTATIONS
VIDE ANNEXURE-A, B, C, D, E, F AND G AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MRS. JUSTICE K.S. HEMALEKHA
HC-KAR
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ORAL ORDER
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The learned Additional Government Advocate accepts notice for respondent Nos.1 to 4.
2. The petitioner has filed the present petition as a public interest litigation, inter alia, praying that directions be issued to the respondents to remove the encroachment and illegal construction on both sides of Kundadka Road Margin, Kowkradi Village [Panchayath Road] for better use of the road by the public.
3. The petitioner alleges that there are about 20 to 30 houses in Kundadka, Kowkradi Village, and the residents are dependent on Panchayath Road, which is connected to National Highway-75. The petitioner further alleges that, in recent times, it has become difficult for the public to use the said road on account of encroachments on either side.
4. In the aforesaid backdrop, the petitioner has also submitted a representation to the President/Public Development Officer,
HC-KAR
Kowkradi Grama Panchayath, Kadaba Taluk, Dakshina Kannada seeking appropriate action in the matter on 19.12.2025.
5. In view of the above, we consider it apposite to direct the concerned respondents to consider the issue raised by the petitioner. If it is found that there is any illegal encroachment on the public road, necessary steps to be taken to remove the same.
6. The petition is disposed of in the aforesaid terms.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (K.S. HEMALEKHA) JUDGE
MBM List No.: 2 Sl No.: 2