- 1 - NC: 2025:KHC:1301 WP No. 40125 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 40125 OF 2016 (LB-BMP) BETWEEN: 1. SRI. G. LOKESH S/O SRI.K.H.GOVINDAPPA, AGED ABOUT 25 YEARS, R/AT CHENNANAYAKNAPALYA, HARIJANA COLONY, NAGASANDRA POST, YASHWANTHPURA POST, BANGALORE-560 073. …PETITIONER (BY SRI. RAVINDRA PRASAD., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, KITTUR RANI CHANNAMMA CIRCLE, BANGALORE-560 001. 2. THE JOINT COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, RAJRAJESHWARI NAGAR DIVISION, RAJRAJESHWARI NAGAR, BANGALORE-560 001. 3. THE ASSISTANT REVENUE OFFICER AERO HALLI SUB-DIVISION, BBMP, AERO HALLI, BANGALORE-560 060. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1301 WP No. 40125 of 2016 4. SRI.H.HANUMAIAH S/O SRI HANUMANTHAIAH, AGED ABOUT 56 YEARS, SINCE DEAD REP. BY LR'S 4(A) SRI. DEVARAJU S/O LATE HANUMAIAH AGED ABOUT 39 YEARS R/AT NO.29, SHREE CHANNAKESHAVAPRASANNA SAMRUDDINILAYA, DODDABIDARAKALLU MARUTHIBADAVANE NEAR GURUSHREE SCHOOL NAGASANDRA POST BENGALURU-560 073. 5. SRI BYLAHANUMAIAH S/O SRI HANUMANTHAIAH, AGED ABOUT 54 YEARS, SINCE DEAD REP. BY LRS 5(A) SRI. CHANDRASHEKARAIAH S/O LATE BYLAHANUMAIAH AGED ABOUT 36 YEARS 5(B) SRI. LAKSHMIPATI, S/O LATE BYLAHANUMAIAH AGED ABOUT 33 YEARS 5(C) SRI. SURESH S/O LATE BYLAHANUMAIAH AGED ABOUT 29 YEARS ALL ARE R/AT: R/AT: CHENNANAYAKANAPALYA COLONY 3RD CROSS, BEHING TO GOVERNMENT SCHOOL NAGASANDRA POST, BENGALURU-560 073. (AMENDMENT CARRIED OUT AS PER ORDER DT.09.10.2023) …RESPONDENTS (BY SRI. H DEVENDRAPPA FOR R1-R3., ADVOCATE; R4(A), R5(A) TO R5(C)-SERVED AND UNREPRESENTED) - 3 - NC: 2025:KHC:1301 WP No. 40125 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED SURVEY DTD.11.05.2016 PASSED BY THE R-3 VIDE ANNEX-F. 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 ORAL ORDER 1. It is the case of the petitioner that based on a representation by respondent Nos.4 and 5, a survey was conducted as per Annexure ‘F’ and the land of the petitioner has been given to respondent Nos.4 and 5, as if it is a passage. 2. It is contended that the Bruhat Bengaluru Mahanagara Palike (“BBMP”) has conducted a survey behind the back of the petitioner and has demarcated the passage into two portions and has granted one portion to respondent No.4 and another portion to respondent No.5. It is therefore contended that if the common passage which is the only mode of access to the petitioner is sought to be handed over by the BBMP to - 4 - NC: 2025:KHC:1301 WP No. 40125 of 2016 respondent Nos.4 and 5, the petitioner would have absolutely no means of access to his property. 3. A perusal of Annexure ‘F’ does not indicate as to whether the petitioner was notified of the survey and was heard in the matter before Annexure ‘F’ was issued. 4. If, as a matter of fact, the area demarcated in the sketch was indeed a passage through which the petitioner had access to the property, it is obvious that he would have to be heard in the matter and the BBMP would also have to consider as to whether this passage can be indicated to be the property belonging to respondent Nos.4 and 5. 5. The impugned survey as at Annexure ‘F’ therefore stands quashed. The BBMP is directed to hear all the concerned, including the petitioner, before considering assigning the passage to either of the parties. - 5 - NC: 2025:KHC:1301 WP No. 40125 of 2016 6. The BBMP shall also take into consideration as to whether it would be in the interest of justice to assign the property in question as a passage instead of conferring title or rights over said passage in favour of any individual. 7. The writ petition is accordingly allowed. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 48