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2025 DAILYLAW 13979 (KAR)

SRI R SRINATH v. THE TOWN MUNICIPAL COUNCIL

WP/15405/2012 · 2025-01-10

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:1069 WP No. 15405 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 15405 OF 2012 (LB-RES) BETWEEN: SRI R. SRINATH S/O RUDRAPPA AGED ABOUT 35 YEARS R/A NO.619/N, 36TH CROSS, 11TH BLOCK, RAJAJINAGAR, BANGALORE-560 010. …PETITIONER (BY SRI. P.N. RAJESWARA, ADVOCATE) AND: 1. THE TOWN MUNICIPAL COUNCIL VIJAYAPURA-562 135, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT BY ITS CHIEF OFFICER. 2. SRI M. RAVISH KUMAR S/O B. MUNIKRISHNAPPA, AGED ABOUT 33 YEARS R/A NO.326, J.C. EXTENSION VIJAYAPURA-562135 DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT. 3. SRI N. SHIVAPRASAD S/O LATE C. NANJAPPA AGED ABOUT 50 YEARS R/A NO.D18, GOLDEN ARCADE APARTMENTS AB BLOCK, KASTURBA ROAD, Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1069 WP No. 15405 of 2012 BANGALORE-560 001. 4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT VISHWESHWARAIAH TOWER, DR. AMBEDKAR VEEDI, BANGALORE-560 001. 5. SRI MANJUNATH S/O T. RANGAPPA MAJOR, CHIEF OFFICER, TOWN MUNICIPAL COUNCIL VIJAYAPURA-562 135. …RESPONDENTS (BY SRI VASANTH V. FERNANDEZ, ADVOCATE FOR SMT. VEENA KUMARI M., ADVOCATE FOR R1; SRI N. VAGEESH, ADVOCATE FOR R-2; SRI M.S. VARADARAJAN, ADVOCATE FOR R3; SRI BOPANNA BELLIAPPA, AGA FOR R4; R5 IS SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS; DIRECT THE R1 AND 4 TO DEMOLISH THE UNAUTHORIZED LAYOUT FORMED BY R2 AND 3 IN THE SCHEDULE PROPERTY 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 N S SANJAY GOWDA - 3 - NC: 2025:KHC:1069 WP No. 15405 of 2012 ORAL ORDER 1. This writ petition is filed seeking a mandamus to direct respondents 1 and 4 to demolish the unauthorized layout formed by respondents 2 and 3 in the schedule property. 2. A mandamus is also sought to direct respondents 1 and 4 to take action against respondents 2, 3 and 5 for manipulation and creation of records such as conversion orders, layout sketch, etc. 3. At the very outset, it is to be noticed here that the interest that the petitioner possess in the land in question i.e., Sy.No.201/3 is not forthcoming. 4. Learned counsel for the petitioner candidly admits that the petitioner has no interest in the land in question. 5. In my view, if the petitioner has no interest in the land in question, he cannot file a writ petition seeking a direction to demolish the unauthorized - 4 - NC: 2025:KHC:1069 WP No. 15405 of 2012 layout. In the event, the layout formed by respondents 2 and 3 is illegal, it is needless to state that respondents 1 and 4 will consider this issue and pass appropriate orders in that regard. 6. Subject to the above, the writ petition is dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 63