- 1 - HC-KAR NC: 2025:KHC:19970 WP No. 11469 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11469 OF 2019 (LB-RES) BETWEEN: SMT. NASRINA W/O SARDAR, AGE 45 YEARS,OCC: KOOLI, R/AT NEAR EDGA MAIDANA SHIDLAGHATTA CROSS VIJAYAPURA TOWN, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 103. …PETITIONER (BY SRI. MUNIRAJ .V, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALURU - 560 001. REP BY ITS PRL.SECRETARY 3. THE DIRECTOR OF MUNICIPAL ADMINISTRATION 9TH FLOOR, V.V.TOWER DR.B.R.AMBEDKAR VEEDI BENGALURU - 560 001. 4. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT MINI VIDHANA SOUDHA, CHAPPARAKALLU DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 101. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19970 WP No. 11469 of 2019 5. THE POLICE SUB INSPECTOR VIJAYAPURA POLICE STATION DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 101. 6. THE CHIEF OFFICER VIJAYAPURA TOWN MUNICIPAL COUNCIL VIJAYAPURA, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT-562 103. REPRESENTED BY SHRI. A.H. NAGARAJ …RESPONDENTS (BY SRI. BOPANNA .B, AGA FOR R1 TO R5; SRI. NAGARAJ S. JAIN, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-1 TO 5 TO HOLD DEPARTMENTAL ENQUIRY TO THE R-6 INTO THE CHARGES LEVELED AGAINST THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed seeking the following reliefs: "i. A Writ in the nature of Mandamus, directing the Respondent Nos.1 to 5 to hold departmental enquiry to the Respondent No.6 into the charges leveled against the Petitioner. ii. A Writ in the nature of Mandamus, directing the Respondent No.6 to release the second hand furniture and house hold items business from the Petitioner." - 3 - HC-KAR NC: 2025:KHC:19970 WP No. 11469 of 2019 2. The petitioner is engaged in the business of selling second-hand furniture and household articles. The grievance raised in the present writ petition is directed against the action initiated by respondent No.6, which according to the petitioner, is arbitrary and without authority of law. 3. It is the case of the respondents that, pursuant to a public complaint, respondent No.6 conducted an inspection and, upon verification, found that the petitioner was carrying on business by encroaching upon a portion of the Rajakaluve (storm water drain). In view of the encroachment, respondent No.6 is stated to have initiated appropriate enforcement measures, which culminated in the seizure of second-hand furniture and household items that were being displayed for sale on the encroached portion. 4. Aggrieved by the above action, the petitioner has approached this Court by way of the present writ petition, seeking two-fold reliefs. Firstly, the petitioner - 4 - HC-KAR NC: 2025:KHC:19970 WP No. 11469 of 2019 seeks a direction to respondents No.1 to 5 to initiate departmental disciplinary proceedings against respondent No.6, alleging abuse of power and high- handedness. Secondly, the petitioner seeks a direction to the authorities for return of the seized furniture and household articles. 5. When the matter was taken up today, learned counsel appearing for respondent No.6 has filed a memo stating that the second prayer sought by the petitioner has been complied with. It is submitted that the seized second-hand furniture and household items have already been returned to the petitioner, upon imposition of a penalty of Rs.1,000/- in accordance with applicable rules and procedures. 6. Insofar as the first prayer seeking initiation of departmental enquiry against respondent No.6 is concerned, this Court is of the considered view that such relief cannot be granted in exercise of powers under Article 227 of the Constitution of India. It is well settled that the - 5 - HC-KAR NC: 2025:KHC:19970 WP No. 11469 of 2019 power of superintendence under Article 227 of the Constitution of India, does not extend to issuing directions for initiating disciplinary action against public servants. 7. In view of the second prayer having been substantially complied with by respondent No.6, and no further adjudication being warranted, this Court finds no reason to continue with the present proceedings. Accordingly, the writ petition stands dismissed as having become infructuous. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 48