- 1 - NC: 2025:KHC:13945-DB WP No. 3664 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT PETITION NO. 3664 OF 2025 (LB-BMP) BETWEEN: 1. SRINIVAS AGED ABOUT 55 YEARS NO.11, 2ND MAIN ROAD, BAIRAVESHWARANAGARA, NAGARABHAVI MAIN ROAD, BANGALORE - 560 072 2. S. SATHISH, AGED ABOUT 54 YEARS NO.51, 4TH MAIN ROAD 8TH CROSS, NAGARBHAVI MAIN ROAD, BAIRAVESHWARANAGARA, BANGALORE - 560 072 3. DINESH KUMAR V. AGED ABOUT 42 YEARS NO.1697/1827/80 5TH MAIN, NAGARABHAVI MAIN ROAD, BAIRAVESHWARANAGAR, BANGALORE - 560 072. 4. THILAK KUMAR, AGED ABOUT 43 YEARS NO. 46, 2ND FLOOR, 1ST MAIN, SAPTAGIRI LAYOUT, Digitally signed by CHAITHRA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13945-DB WP No. 3664 of 2025 9TH STAGE, NAGARABHAVI, BANGALORE - 72 5. KESHAVA BABU AGED ABOUT 46 YEARS, NO.139, 3RD CROSS, HOYSALA NAGAR, NAGARABHAVI, BANGALORE - 560 072 6. R. RAMESH, AGED ABOUT 51 YEARS NO.90/3, 1ST MAIN ROAD, NAGARABHAVI MAIN ROAD, BAIRAVESHWARANAGAR, BANGALORE - 560 072 7. ANANTHARAMU BANGALORE SHIVARAMEGOWDA, AGED ABOUT 45 YEARS NO.10, 2ND B MAIN, NAGARABHAVI MAIN ROAD, BAIRAVESHWARANAGAR, BANGALORE - 560 072 8. MANJUANTH P., AGED ABOUT 36 YEARS NO.18, 5TH CROSS, NAGARABHAVI MAIN ROAD, BAIRAVESHWARANAGAR, BANGALORE - 560 072 9. MOHAN KUMAR N., AGED ABOUT 38 YEARS NO.6, 4TH A MAIN ROAD, NAGARABHAVI MAIN ROAD, - 3 - NC: 2025:KHC:13945-DB WP No. 3664 of 2025 BAIRAVESHWARANAGAR, BANGALORE - 560 072 10. CHETHAN R, AGED ABOUT 40 YEARS NO.33, MANJUSHREE NILAYA, 4TH CROSS, 3RD MAIN, NEAR SHANIMAHATMA TEMPLE NAGARABHAVI, BANGALORE - 72 …PETITIONERS (BY SRI. G.T. KUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY THE ADDITIONAL CHIEF SECRETARY URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, BENGALORE - 1 2. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), CORPORATION CIRCLE, N.R SQUARE, HUDSON CHURCH, BANGALORE - 2. 3. THE CHIEF ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP), CORPORATION CIRCLE, N.R. SQUARE, HUDSON CHURCH, BANGALORE - 2. 4. THE ASSISTANT EXECUTIVE ENGINEER, O/O THE ASSISTANT EXECUTIVE ENGINEER, 2ND FLOOR, 14TH CROSS, - 4 - NC: 2025:KHC:13945-DB WP No. 3664 of 2025 OLD POLICE STATION ROAD, SHAKTHI SOUDHA, CHANDRA LAYOUT, BANGALORE - 40. 5. VAIBHAV S. JAIN, S/O. G. SHANTILAL AGED ABOUT 27 YEARS R/O NO. 741/10, 9TH CROSS MRCR LAYOUT VIJAYANAGARA BENGALURU - 40 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R1 AND SRI K.S. MALLIKARJUNA REDDY, ADVOCATE FOR R2, R4 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS THEREBY DIRECTING THE OFFICIAL RESPONDENTS No.1 TO RESPONDENTS No.4 TO PROHIBIT/RESTRAIN THE 5TH RESPONDENTS AND REMOVE THE ILLEGAL ENCROACHMENT, OCCUPATION, POSSESSION AND CONSTRUCTION OF THE HOUSE BUILDING ON THE CIVIC AMENITY (CA) SITE BEARING SITE No. 47, BEARING PID No.38-109- 47, NAGARABHAVI MAIN ROAD, WARD No.127, MUDALAPALYA, BANGALORE, IN PURSUANCE TO THE LAYOUT PLAN VIDE ANNEXURE-B ANTE BY THE 5TH RESPONDENTS AS WELL AS TO EVICT THE 5TH RESPONDENTS AND HIS HENCHMEN FROM THE CIVIC AMENITY (CA) SITE AS WELL AS TO DIRECT THE SAID OFFICIAL RESPONDENTS TO USE THE SAID VACANT CIVIC AMENITY (CA) SITE FOR THE PUBLIC PURPOSES ONLY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:13945-DB WP No. 3664 of 2025 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Heard learned advocate Mr. G.T. Kumar for the petitioners. 2. The present petition by the petitioners, ten in numbers, is styled as public interest petition in which the prayer is made for issuance of direction against the respondents-authorities to remove the illegal encroachment, occupation and possession as well as construction of house building on the Civic Amenity (CA) Site No.47 at Nagarabhavi Main Road, Ward No.127, Mudalapalya, Bengaluru. 3. The case of the petitioners inter alia is that the Bangalore Development Authority approved the layout plan for the Canara Bank Colony Employees Co-operative Housing Society Limited covering certain survey numbers. The layout plan was approved in 2004. It is the case that in 2023, the petitioners came to know about the illegal encroachment, possession and construction of house on the Civic Amenity Site No.47. It was submitted that - 6 - NC: 2025:KHC:13945-DB WP No. 3664 of 2025 respondent No.5, who is a private person, has been putting up the construction on the said Civic Amenity Site. Therefore, the aforesaid prayer is made. 4. Nowhere from the record, learned advocate for the petitioners was able to show that plot No.47 in the layout is designated as or earmarked as the Civic Amenity Site. On the contrary, the map produced at page No. 37A indicated otherwise. 5. When the basic premise of the case of the petitioners is not substantiated and there is nothing to show that plot No.47 is a civic amenity site, the entire edifice of the petition falls down. 6. The facts do not convince the court. The petition is misconceived and meritless. 7. The petition is summarily dismissed. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE CR/List No.: 1 Sl No.: 8