- 1 - NC: 2025:KHC:5453 WP No. 55945 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 55945 OF 2017 (GM-RES) BETWEEN: ANNAYAPPA S/O LATE RAMAIAH, R/O NO.84, NEAR MILK DAIRY, DIPPURU VILLAGE, KAKOLU POST, HESARAGATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU-560 089. …PETITIONER (BY SRI. RAJATH.S., ADVOCATE FOR SRI. MAHESH.R.UPPIN., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M.S.BUILDING, BANGALORE-560 001. 2. DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVANA, BANGALORE-560 001. 3. ASSISTANT COMMISSIONER, BANGALORE NORTH, KANDAYA BHAVANA, BANGALORE-560 001. 4. TAHASILDAR BANGALORE NORTH, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5453 WP No. 55945 of 2017 YELAHANKA, BANGALORE-560 064. 5. ASSISTANT DIRECTOR OF LAND RECORDS, YELAHANKA, BANGALORE-560 001. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1 TO 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Rajath.S., counsel on behalf of Sri.Mahesh R.Uppin., for the petitioner and Sri.Manjunatha Rayappa., AGA for the respondents have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ in the nature of prohibition directing the respondents to not demolish the residential premises bearing No.115 constructed in Sy.No.2 measuring 0 acre 1.8 guntas situated at Dibbur Village, Kakolu Post, Hesaragatta Hobli, Bangalore North which is bounded by East: remaining portion of the land in sy.No.2 belongs to petitioner. West: Sarkari Road. North: remaining portion of the land in Sy.NO.2 belongs to Krishnappa. South: Sarkari Katte. - 3 - NC: 2025:KHC:5453 WP No. 55945 of 2017 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. 4. The petitioner has sought a direction not to demolish his residential premises. A perusal of the petition averments and the relief sought by the petitioner depicts that there are disputed questions of fact. Such a relief cannot be accorded in the Writ Petition. The law is well settled that the disputed question of fact cannot be investigated under Article 226 and 227 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 19