- 1 - NC: 2025:KHC:2507 WP No. 25150 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 25150 OF 2017 (LB-RES) BETWEEN: 1. SRI. SIDDIQUE S/O LATE ABDUL AZEEZ AGED ABOUT 62 YEARS R/A NO.3235, KUMBAR ROAD NEAR POLICE STATION BANGARAPET TALUK KOLAR DISTRICT-563114 …PETITIONER (BY SRI. MRINAL KUTTAPPA., ADVOCATE FOR SMT. LEELA DEVADIGA., ADVOCATE) AND: 1. THE PRESIDENT THE TOWN MUNICIPAL COUNCIL BANGARAPETE, KOLAR DISTRICT-563114 …RESPONDENT (BY SRI. A M VIJAY., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DECLARE THAT THE RESPONDENT MUNCIPAL COUNCIL HAS NO RIGHT WHATSOEVER TO CONSTRUCT BUILDINGS IN THE PIECE OF LAND IN SY.NO.77 OF BANGARAPETE VILLAGE, KOLAR DISTRICT IN WHICH LAYOUT HAS BEEN FORMED, MEASURING 20 FEET WIDTH EAST-WEST AND 300 FEET LENGTH NORTH- SOUTH ADJACENT TO BUSTAND WHICH IS RESERVED FOR DRAINAGE AS WELL AS RAIN WATER PASSAGE, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2507 WP No. 25150 of 2017 THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is seeking a declaration that the respondent – Municipal Council has no right whatsoever to construct the shops.. 2. It is stated that the land measuring 20’ X 300’ has been reserved for drainage as well as rain water passage and despite the said reservation, this land is sought to be used by the Municipal Council for construction of shops. 3. It is noticed that the petitioner had submitted a representation on 27.04.2017 vide Annexure-D which was addressed to the Director of Municipalities, the Secretary, Housing and Urban Development Department and the Deputy Commissioner, Kolar District, requesting them to - 3 - NC: 2025:KHC:2507 WP No. 25150 of 2017 take action regarding illegal construction made by the Municipal Council over the drainage area. 4. A perusal of this representation makes it clear that the petitioner is contending that there is already a decree passed in O.S.No.9/1994 declaring the property measuring 20’ X 300’ in Sy.No.77 to be a land which belong to the public and it should be utilized only for the benefit of the public. 5. In light of averments made in the representation, in my view, it would be appropriate to direct the Director of Municipalities to consider the said representation and pass appropriate orders within a period of three months from the date of receipt of a copy of this order. 6. The writ petition is disposed of accordingly. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 57