- 1 - HC-KAR NC: 2025:KHC:23782 WP No. 30129 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30129 OF 2017 (GM-RES) BETWEEN: C BHAVANI @ HAMSA AGED ABOUT 40 YEARS, W/O SRI K M NARENDRA KUMAR D/O LATE CHINNAPPA NO.177, LAKSHMI NIVAS 8TH MAIN, C Q A L LAYOUT SAHAKARNAGAR BANGALORE 560092 …PETITIONER (BY SRI. SHIVAPRASAD SHANTANAGOUDAR., ADVOCATE FOR SRI. VINOD REDDY V.,ADVOCATE) AND: 1. THE PETITIONS COMMITTEE KARNATAKA LEGISLATIVE COUNCIL VIDHANA PARISHAD DR AMBEDKAR VEEDHI BENGALURU 560001 BY ITS CHAIRMAN 2. THE SECRETARY KARNATAKA LEGISLATIVE COUNCIL VIDHANA PARISHAD DR AMBEDKAR VEEDHI BENGALURU 560001 3. THE GOVERNMENT OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT VIKASA SOUDHA, DR AMBEDKAR VEEDHI BENGALURU 560001 BY ITS ADDITIONAL CHIEF SECRETARY Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23782 WP No. 30129 of 2017 4. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N R SQUARE, BENGALURU 560001 …RESPONDENTS DR. C. RAMESH S/O LATE CHINNAPPA AGED ABOUT 59 YEARS RESIDING AT FORTUNE ICON APARTMENTS, F-14, ‘F’ BLOCK SAHAKARA NAGARA, BANGALORE-560092. …IMPLEADING APPLICANT (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO R3; SRI. N.R. JAGADEESWARA., ADVOCATE FOR R4; SRI. G.S. VENKAT SUBBARAO., ADVOCATE FOR IMPLEADING APPLICANT ON IA 1/25) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE IMPUGNED DIRECTION DATED 8.3.2017 ISSUED BY THE R1 IN NO.KAVIPA:21:ASA/2017 VIDE ANNEXURE-Z3 AND ALL FURTHER PROCEEDINGS TAKEN THERETO IN RESPECT OF THE ISSUE IN QUESTION AND ETC. THIS WRIT PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: 1. Quash the impugned direction dated 8.3.2017 issued by the R1 in No.KAVIPA:21:ASA/2017 vide Annexure-Z3 and all further proceedings taken thereto in respect of the issue in question. - 3 - HC-KAR NC: 2025:KHC:23782 WP No. 30129 of 2017 2. Grant such other relief or reliefs as the situation demands to the meet the ends of justice. 2. The submission of Sri.Shivaprasad Shantanagoudar., learned counsel for the petitioner is that; 2.1. Vide Annexure-Z3, respondent No.1-the Petitions Committee, Karnataka Legislative Council has acted on a complaint filed by one Sri.C.Ramesh as regards an alleged encroachment of a public road of Rajakaluve at Sy.No.83/2, old Sy.No.83, BBMP Khatha No.2986/83/2 of Byatarayanapura village, Yelahanka Hobli, Bangalore North Taluk. 2.2. His submission is that the said Sri.C.Ramesh was a party to the proceedings before the Division Bench of this Court in a public Interest Litigation in Shriram Properties Pvt Ltd vs. State Of Karnataka & others in WP No.47747 of 2017 & other connected matters dated 19.01.2021, wherein said - 4 - HC-KAR NC: 2025:KHC:23782 WP No. 30129 of 2017 Sri.C.Ramesh was respondent No.2 in WP No.1348 of 2018. 2.3. The Division Bench of this Court having categorically come to a conclusion vide its order dated 19.1.2021 that there is no encroachment of Rajakaluve or a road as alleged by the said Sri.C.Ramesh, the proceedings by way of a complaint filed by the Sri.C.Ramesh before the Land Grabbing Court had also been dismissed. 2.4. On the above grounds, he submits that the order passed by the Division Bench would be equally applicable to the present facts and as such, the direction issued on 8.3.2017 by the Petitions Committee, Karnataka Legislative Council cannot be acted upon in view of the judgment of the Division Bench of this Court. 3. Having gone through the order of the Division Bench of this Court in WP No.47747 of 2017 & other connected matters, more particularly that in - 5 - HC-KAR NC: 2025:KHC:23782 WP No. 30129 of 2017 WP 1348 of 2018, it is clearly and categorically observed by the Division Bench of a suit in OS No.3596 of 2015 having been filed before the Special Court Land Grabbing and the Division Bench has categorically come to a conclusion that there is no encroachment of any public road or a Rajakaluve in Sy.No.83/2 and the Assistant Executive Engineer, BBMP had reported on 19.7.2017 to the Special Court that there is no existence of any Rajakaluve in Sy.No.83/ 2. 4. That being so, the finding of the Division Bench of this Court though subsequent to the direction issued by Respondent No.1, the said finding would be binding even on Respondent No.1-Committee. As such, I pass the following; ORDER i. The writ petition is allowed. ii. The impugned direction dated 8.3.2017 issued by the Respondent No.1 in No.KAVIPA:21:ASA/2017 at Annexure-Z3, is hereby quashed. - 6 - HC-KAR NC: 2025:KHC:23782 WP No. 30129 of 2017 iii. In view of disposal of the main petition, pending IA's do not survive for consideration. Hence, IA stands disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 24