- 1 - NC: 2025:KHC:4588 WP No. 11093 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 11093 OF 2021 (GM-RES) BETWEEN: SMT. G.SELVI W/O G.GAJARAJ, AGED ABOUT 52 YEARS, R/AT NO.1043, 6TH CROSS, SRIRAMAPURA, BANGALORE - 560 021. …PETITIONER (BY SRI. G.V.NARASIMHAMURTHY., ADVOCATE) AND: 1. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, HEAD OFFICE, HUDSON CIRCLE, BANGALORE - 560 002. 2. THE JOINT COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, DASARAHALLI DIVISION, BAGALAKUNTE, NAGASANDRA POST, BANGALORE - 560 073. 3. THE EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, DASARAHALLI ZONE, BAGALAKUNTE, NAGASANDRA POST, BENGALURU - 560 073. 4. THE COMMISSIONER, BENGALURU DEVELOPMENT AUTHORITY, Digitally signed by PREMCHANDRA M R Location: High Court of Karnataka - 2 - NC: 2025:KHC:4588 WP No. 11093 of 2021 HEAD OFFICE, B.B.ROAD BANGALORE - 560 020. 5. THE ASSISTANT EXECUTIVE ENGINEER, BANGALORE WATER SUPPLY AND SEWERAGE BOARD PEENYA, SUB-DIVISION, NW3 PEENYA, BANGALORE - 560 058. …RESPONDENTS (BY SRI. MONESH KUMAR.K.B., ADVOCATE FOR R1 TO 3; SRI. SURAJ PATIL., ADVOCATE FOR R4; SRI. SHRINIVAS., ADVOCATE FOR SRI. B.L.SANJEEV., ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR LISTED, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.G.V.Narasimhamurthy., counsel for the petitioner, Sri.Suraj Patil., counsel for respondent No.4 and Sri.Shrinivas., counsel on behalf of Sri.B.L.Sanjeev., for respondent No.5 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ or Order or direction in the nature of Writ of Mandamus, directing to the respondents 1 to 5 to grant the alternative site or grant compensation in favor of petitioner in property site bearing No.223-A, in Sy.No.143, in residential layout formed by the Mysore Electro Chemical Works Employees Housing co- - 3 - NC: 2025:KHC:4588 WP No. 11093 of 2021 Operative Society Ltd., in measuring East to west north side 45 feet, southern side 60 feet and North to South - Eastern side 95 feet western side 90 feet, in total measuring 4856.25 square feet, out of 4856.25 the respondents are acquired the property of the petitioner about 3556 Sq feet, situated at Laggere Village, MEC Colony, Yashwanthpura Hobli, Bangalore North Taluk, the petitioner made representations before the respondents No.1 to 5 vide Annexures-E1 to E5. 3. Counsel for the respective parties have urged several contentions. Heard the arguments and perused the Writ papers with care. 4. Suffice it to note that the plaintiff initiated a suit on the file of XVI Addl. City Civil and Sessions Judge, Bangalore City in O.S.No.7604/2009 restraining the defendants from interfering or disturbing with the peaceful possession and enjoyment of the suit schedule property. The plaintiff had failed to prove prima-facie ownership and possession as of the date of filing of the suit. The Trial Court extenso referred to the material on record and rightly dismissed the suit. On appeal, - 4 - NC: 2025:KHC:4588 WP No. 11093 of 2021 this Court vide Judgment dated 18.01.2018 dismissed the appeal in RFA No.1242/2013. Counsel Sri.Narasimha Murthy.G.V., in presenting his arguments strenuously urged that the respondents without acquisition have taken away the property of the petitioner and they have not paid the compensation. A perusal of the petition averments and the reliefs sought by the petitioner involves disputed question of facts and the same cannot be adjudicated under Articles 226 and 227 of the Constitution of India. The law is well settled that the disputed question of fact cannot be investigated under Article 226 of the Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. The Writ Petition is devoid of merits and is liable to be rejected. 5. Resultantly, the Writ Petition is rejected. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 10