- 1 - NC: 2025:KHC:675 WP No. 32819 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 32819 OF 2018 (LB-BMP) BETWEEN: 1. B. SRINIVAS S/O LATE BYRAPPA NO.19/1, MAISTRY PALYA 4TH B BLOCK, KORAMANGALA BENGALURU - 560 034. 2. B. ANAND S/O LATE BYRAPPA NO.19/1, MAISTRY PALYA 4TH B BLOCK, KORAMANGALA BENGALURU - 560 034. 3. B. VENKATESH S/O LATE BYRAPPA NO.19/1, MAISTRY PALYA 4TH B BLOCK, KORAMANGALA BENGALURU - 560 034. …PETITIONERS (BY SRI M.J. ALVA, ADV.) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANGARA PALIKE, N.R. SQUARE BENGALURU - 560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER, KORAMANGALA SUB-DIVISION, BRUHAT BENGLURU Digitally signed by NANDINI MS Location: High Court of Karnataka - 2 - NC: 2025:KHC:675 WP No. 32819 of 2018 MAHANAGARA PALIKE, 4TH BLOCK, KORAMANGALA, BENGALURU - 560 034. 3. THE ASSISTANT REVENUE OFFICER KORAMANGALA SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE, 4TH BLOCK, KORAMANGALA BENGALURU - 560 034. 4. SMT. SUNITHA L W/O N.RAMACHANDRA NO.164, KATHALIPALYA 6TH BLOCK, KORAMANGALA BENGALURU - 560 095. 5. MAHESHA S S/O SHIVANNA T IRAKASANDRA IRAKASANDRA POST CHELUR HOBLI, GUBBI TALUK TUMKUR DISTRICT. 6. KIRAN KUMAR V S/O N.VISHWANATH NO.1P-2, KRISHNA BLOCK KSRP POLICE QUARTERS KORMANGALA, BENGALURU - 560 034. 7. N. DINESHA S/O RAMANNA GOWDA NO.164, KATHALIPALYA 6TH BLOCK, KORAMANGALA BENGALURU - 560 095. 8. N. RAVINDRA S/O P NARAYAN NO.164, KATHALIPALYA 6TH BLOCK, KORAMANGALA BENGALURU - 560 095. 9. N. RAMACHANDRA S/O P. NARAYAN - 3 - NC: 2025:KHC:675 WP No. 32819 of 2018 NO.164, KATHALIPALYA 6TH BLOCK, KORAMANGALA BENGALURU - 560 095. …RESPONDENTS (BY SRI H. DEVENDRAPPA FOR R-1 TO R-3; SMT. VAIBHAVI, ADV., FOR SRI K.S. NARAYANA SWAMY, ADV., FOR R-4, R-6 TO R-9; NOTICE TO R-5 IS H/S V/O DTD:03.09.2024) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO STOP THE UNAUTHORISED AND ILLEGAL CONSTRUCTION BEING PUT UP BY THE R-4 TO 9 IN THE SCHEDULE 'B' PROPERTY CONTRARY TO THE SANCTIONED PLAN AT ANNEX-A. THIS PETITION, COMING ON FOR ORDERS, 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 to issue a mandamus directing respondent nos.1 to 3 to stop the unauthorized and illegal construction being put up by respondent nos.4 to 9 in the schedule property contrary to sanctioned plan. 2. Learned Counsel appearing for respondent nos.4 to 9 submits that as a matter of fact the petitioners had instituted a suit in O.S.No.7921/2016, in which petitioners - 4 - NC: 2025:KHC:675 WP No. 32819 of 2018 had sought for a decree of mandatory injunction directing the defendants to demolish the compound wall and any other structures that have been put up by the contesting respondents, forthwith. A further prayer is made in the suit that in the event of their failure to demolish, the structure be demolished through the process of the Court. 3. It is also submitted that subsequently, the plaint has been amended and a declaratory decree is sought for. It is also noticed that the petitioners have claimed compensation and damages for the illegal and unauthorized occupation of the defendants. 4. Learned Counsel for the respondents also submits that the petitioners had sought for an interim order in the suit, but the same was not granted, as a consequence of which, the petitioners had preferred a Miscellaneous First Appeal before this Court but the said appeal has also been dismissed. - 5 - NC: 2025:KHC:675 WP No. 32819 of 2018 5. In light of the fact that the petitioners are before the Civil Court seeking for a declaratory decree and also for mandatory injunction to demolish the compound wall and other structures, in my view, it would not be permissible for the petitioners to pursue a parallel remedy by way of this writ petition. In that view of the matter, the writ petition is dismissed. 6. However, it is clarified that the petitioners and the respondents would be bound by the decision that is passed in O.S.No.7921/2016 and the parties shall abide by the said decision. It is needless to state that all contentions between the parties are kept open to be adjudicated in the said suit. Sd/- (N S SANJAY GOWDA) JUDGE KK