- 1 - NC: 2025:KHC:2209 WP No. 2406 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 2406 OF 2021 (GM-RES) BETWEEN: 1. BUMAX PROPERTIES LLP A LIMITED LIABILITY PARTNERSHIP UNDER THE LIMITED LIABILITY PARTNERSHIP ACT 2009, HAVING ITS REGISTERED, OFFICE AT: NO.427, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU-560 095. REPRESENTED BY ITS PARTNER, MR. R.DINESH. 2. MR. R.DINESH S/O MR. RAMACHANDRA, AGED 42 YEARS, NO.427, 80 FEET ROAD, 6TH BLOCK, KORAMANGALA, BENGALURU-560 095. …PETITIONERS (BY SRI. ARJUN RAO., ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH THE TAHSILDAR, BENGALURU NORTH (ADDITIONAL) YELAHANKA TALUK, TALUK OFFICE, MINI VIDHANA SOUDHA, YELAHANKA-560 064. 2. TAHSILDAR, BENGALURU NORTH (ADDITIONAL), YELAHANKA TALUK, TALUK OFFICE, MINI VIDHANA SOUDHA, YELAHANKA-560 064. Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2209 WP No. 2406 of 2021 3. DEPUTY TAHSILDAR, BENGALURU NORTH (ADDITIONAL), YELAHANKA TALUK, TALUK OFFICE, MINI VIDHANA SOUDHA, YELAHANKA-560 064. 4. VILLAGE ACCOUNTANT, HUNASEMARANAHALLI VILLAGE, YELAHANKA TALUK-560 064. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 4; R5-SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Arjun Rao., counsel for the petitioners and Sri.Manjunatha Rayappa., AGA for respondents 1 to 4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing the respondents to follow the due process of law and issue notice to the petitioners prior to taking any coercive action and/or conducting proceedings against the petitioners, if any, with respect to the schedule property. - 3 - NC: 2025:KHC:2209 WP No. 2406 of 2021 3. Heard the arguments and perused the Writ papers with care. 4. Counsel Sri.Arjun Rao., submits that the Tahsildar, Deputy Tahsildar and the Village Accountant attempted to demolish the property in question in the year 2021. He argued by saying that the photographs have been furnished to show that the respondent authorities have demolished a portion of a compound wall that belonged to the petitioners. Counsel vehemently contends that because of the action of the authority concerned, the petitioners' property is unsecured. Hence, they have sought a direction to the respondents to follow the due process of law and issue notice to the petitioners prior to taking any coercive action and/or conducting proceedings against the petitioners if any, with respect to the schedule property. Counsel therefore, submits that an appropriate order may be passed. 5. The grievance of the petitioner is that the authorities concerned have demolished a portion of a compound wall and because of the action of the authority concerned, the petitioners' property is unsecured. The contention and the grievance involves disputed questions of - 4 - NC: 2025:KHC:2209 WP No. 2406 of 2021 fact and the same cannot be adjudicated under Article 226 of the Constitution of India. The law is well settled that the disputed question of fact cannot be investigated under Article 226 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. 6. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 12