- 1 - NC: 2025:KHC:9153 WP No. 11660 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 11660 OF 2017 (GM-RES) BETWEEN: S. M. DIVYA JYOTHI D/O SRI. S.M. HAMPAIAH AGED ABOUT 36 YEARS, RESIDING AT NO.18, THE BENGALURU CITY EMPLOYEES HOUSING & SOCIAL WELFARE CO-OPERATIVE SOCIETY LIMITED NAGARABHAVI VILLAGE, YESHWANTHAPURA HOBLI BENGALURU 560 072. …PETITIONER (BY SRI. FAHAD M. ALI., ADVOCATE FOR SRI. M ABDUL RAHIMAN.,ADVOCATE) AND: 1. BESCOM K.R. CIRCLE BENGALUTU 560 001 REPRESENTED BY ITS MANAGING DIRECTOR 2. THE BENGALURU CITY EMPLOYEES HOUSING & SOCIAL WELFARE CO-OPERATIVE SOCIETY LIMITED REGISTERED OFFICE AT NO.20, 3RD MAIN ROAD, 3RD CROSS ROAD, NAGARABHAVI 1ST STAGE BENGALURU 560 072 (NOW NAMED AS VIDYAGIRI HOUSE BUILDING CO-OP SOCIETY LIMITED, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9153 WP No. 11660 of 2017 NO.291, G-005, GIRI BLOCK, VIDYAGIRI RESIDENCY 4TH MAIN ROAD, 7TH "A" CROSS VIDYAGIRI LAYOUT NAGARABHAVI 1ST STAGE BENGALURU 560 072) REPRESENTED BY ITS SECRETARY …RESPONDENTS (BY SRI. NITHIN GOWDA. K.C., ADVOCATE FOR SRI. P PRASANNA KUMAR., ADVOCATE FOR R1; SMT. B.V. VIDYULATHA., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR SUCH DIRECTION DIRECTING THE R-1 NOT TO PUT INTO USE THE SITE BEARING NO.17 SITUATED IN THE LAYOUT FORMED BY THE THEN BENGALURU CITY EMPLOYEES HOUSING AND SOCIAL WELFARE CO-OPERATIVE SOCIETY LIMITED NOW NAMED AS VIDYAGIRI HOUSING BUILDING CO-OPERATIVE SOCIETY LIMITED FOR ANY COMMERCIAL ACTIVITIES AND ETC. THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: i. To issue a writ of mandamus directing the R1 not to put into use the site bearing No. 17 situated in the layout formed by the then Bengaluru City Employees Housing and Social Welfare Co- operative Society limited now named as Vidyagiri - 3 - NC: 2025:KHC:9153 WP No. 11660 of 2017 Housing Building Co-operative Society Limited for any commercial activities. ii. For such other orders that may be deemed fit to be passed by this Hon’ble Court in the interest of justice and equity. 2. The contention of the petitioner is that in a residential layout formed by respondent No.2, the petitioner's father had been allotted site No.18 and now the same has been gifted in favor of petitioner. Site No.17 which is abutting and adjoining the property of the petitioner has been allotted to respondent No.1. 3. The petitioner apprehends that the said site No.17 will be put to commercial use and used for commercial activities, thereby disturbing the peace and quiet of a residential area. 4. Learned counsel for respondent No.1 submit that site No.17 will only be used for putting up of the office of respondent No.1 and will not be used for any other commercial activities. - 4 - NC: 2025:KHC:9153 WP No. 11660 of 2017 5. The allotment of site to respondent No.1 is made in terms of the condition of grant of electricity connection to the layout, in terms of which the respondent No.1 is required to establish an office to enable the persond resident in the area to make payment electricity bills, etc. and for Respondent No.1 to establish a centre to enable providing of services to the residents. 6. In that view of the matter, I do not find any infirmity in the allotment made by respondent No.2 to respondent No.1 for setting up for an office of the respondent No.1. 7. Since the condition imposed is only for allotment of a site for setting up of an office of respondent No.1, it is also clear that the said property cannot be made use of by respondent No.1 for any other purposes other than the said usage as an office of respondent No.1. - 5 - NC: 2025:KHC:9153 WP No. 11660 of 2017 8. In that view of the matter, the apprehension on part of the petition is ill founded. The petition stand disposed of in terms of the above observation. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 54