- 1 - NC: 2025:KHC:6647 WP No. 3452 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3452 OF 2025 (LB-BMP) BETWEEN: 1. MR. B MOHAN RAO S/O LATE ADAIAH, AGED ABOUT 62 YEARS, NO.208, 4TH ‘A’ CROSS, HRBR LAYOUT, 3RD BLOCK, KALYANA NAGAR BENGALURU-560023 SENIOR CITIZEN BENEFIT NOT CLAIMED 2. MR. C H VENKATESHWARALU S/O LATE CHENCHAIAH AGED ABOUT 78 YEARS, NO.32, 1ST CROSS, AYYAPPA LAYOUT, BEHIND KMF DAIRY MUNNEKOLALA, MARATHAHALLI BENGALURU -560 037. …PETITIONERS (BY SRI. CHANDRANATH ARIGA K., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE N R SQUARE BENGALURU -560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6647 WP No. 3452 of 2025 WARD NO.5, JAKKUR YELAHANKA DIVISION BRUHAT BENGALURU MAHANAGRA PALIKE, BENGALURU -560 064. …RESPONDENTS (BY SRI. KESHAV M DATAR., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO FROM DIGGING ANY CARRYING ON ANY WORK IN THE SCHEDULE PROPERTY, RESTRAIN THE RESPONDENTS FORM DISPOSSESSING THE PETITIONERS WITHOUT DUE PROCESS OF LAW FROM THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for a direction to be issued to the respondents to restrain themselves from digging and carrying on any work in the schedule property which is stated to be Sy.No.78/3 measuring 36 guntas situated at Chokkanahalli Village, Yelahanka Hobli, Bengaluru. - 3 - NC: 2025:KHC:6647 WP No. 3452 of 2025 2. The petitioners contend that an attempt is being made to dig a trench for the purpose of laying a drain in his land bearing Sy.No.78/3. 3. However, the BBMP contends that it is only relaying an existing drain and it is not in any way interfering with the possession of the petitioners in respect of the property bearing Sy.No.78/3. 4. In my view, since the BBMP disputes that the assertion that a drain is being put-up in the land of the petitioners, it would be appropriate to direct the petitioners to approach the Civil Court and seek for a determination as to whether the drain has been laid in his property and thereafter seek for appropriate relieves. 5. It would be open to the petitioners to seek for appointment of the surveyor also and for demarcation of his property. - 4 - NC: 2025:KHC:6647 WP No. 3452 of 2025 6. This writ petition is accordingly disposed of reserving such liberty to the petitioners. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 8