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2025 DAILYLAW 27197 (KAR)

SRI SIDDARTH @ SIDDALINGESH K v. BRUHAT BENGALURU MAHANAGARA PALIKE

WP/15262/2025 · 2025-06-25

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:22319 WP No. 15262 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 15262 OF 2025 (LB-BMP) BETWEEN: SRI SIDDARTH @ SIDDALINGESH K, S/O. KARIYANNA, AGED ABOUT 38 YEARS, R/AT NO.09, SAMRUDHI NILAYA, 3RD CROSS ROAD, ANNAPORNESHWARI LAYOUT, BEHIND MUNESHWARA TEMPLE, NEAR CHIKKO PLANTATION, THIGALARAPALYA, BENGALURU-560 058. …PETITIONER (BY SRI. ASHOKA T, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP HEAD OFFICE, CORPORATION CIRCLE, HUDSON CIRCLE, BENGALURU-560 002, REPRESENTED BY ITS COMMISSIONER. 2. ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PLAIKE, DODDABIDARAKALLU SUB DIVISION, RAJAJINAGAR NAGAR ZONE, BENGALURU-560 073. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:22319 WP No. 15262 of 2025 3. ASSISTANT EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, WARD NO.40, KARIVOBANAHALLI, R.R NAGAR DIVISION, BENGALURU-560 073. 4. HEALTH INSPECTOR, BRUHATH BENGALURU MAHANAGARA PALIKE, WARD NO.40, KENGERI DIVISION, RAJAJINAGAR NAGAR ZONAL OFFICE, RAJARAJESHWARINAGAR, BENGALURU-560 073. 5. KARNATAKA POLUTION CONTROL BOARD, PARISARA BHAVAN, CHURCH STREET, BENGALURU-560 001, REPRESENTED BY ITS SECRETARY. 6. K. RAVI, SON OF D. KRISHNAPPA MAJOR IN AGE, SURVEY NO. 96, WARD NO 40 NO. (14,15,11,12,17,18), 2ND CROSS NEAR SAPOTA THOTA, THIGALARAPALYA, PEENYA 2ND STAGE(POST), BANGALORE -560 058. 7. SMT. CHETANA, W/O SASHIKUMAR .S, MAJOR IN AGE, SRI ANU ENTER PRISES SURVEY NO. 96, WARD NO 40 NO. 16, 2ND CROSS, NEAR SAPOTA THOTA, THIGALARAPALYA, PEENYA 2ND STAGE (POST), BANGALORE -560 058. - 3 - HC-KAR NC: 2025:KHC:22319 WP No. 15262 of 2025 8. SMT. SHANTHI, W/O SHAKER, MAJOR IN AGE, SURVEY N0 96, WARD NO 40 NO.1A, 1ST CROSS, NEAR SAPOTA THOTA, THIGALARAPALYA, PEENYA 2ND STAGE (POST), BANGALORE -560 058. 9. SRI. SHAKER, SON OF NOT KNOWN, MAJOR IN AGE, SURVEY N0 96, WARD NO 40 NO.2, 1ST CROSS, NEAR SAPOTA THOTA, THIGALARAPALYA, PEENYA 2ND STAGE (POST), BANGALORE -560 058. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K S, ADVOCATE FOR R1 TO R4, SRI. PAWAN KUMAR,ADVOCATE FOR R1 TO R4(VK NOT FILED), SRI. H.DEVENDRAPPA, ADVOCATE FOR R5(VK NOT FILED), SRI. AJITH A SHETTY, ADVOCATE FOR R6, SRI. MANJUNATHA .D, ADVOCATE FOR R7 & R8, R9-SHAKER SD) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTUTION OF INDIA, PRAYING TO DIRECT CONCERNED RESPONDENT NOS.1 TO 5 TO CONSIDER THE REPRESENTATIONS DATED 05.11.2024 AND 23.9.2024 AT ANNEXURE- A AND B IN ACCORDANCE WITH LAW AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - HC-KAR NC: 2025:KHC:22319 WP No. 15262 of 2025 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner has filed the present writ petition alleging that private respondents Nos.6 to 9 are in the process of establishing an industrial unit in an area classified as a residential zone. It is further averred that the petitioner is the owner of a residential house situated in the very same survey number and has made a representation to the Bruhat Bengaluru Mahanagara Palike (BBMP) seeking action against the alleged unauthorized use of land. 2. On a careful perusal of the pleadings and materials placed on record, this Court is of the considered view that the grievance projected in the writ petition is not confined to the personal interest of the petitioner alone. The allegation that industrial activity is being undertaken in a residentially zoned area, if true, would have wider ramifications for all residents in the locality and would affect the environmental and civic character of the - 5 - HC-KAR NC: 2025:KHC:22319 WP No. 15262 of 2025 neighbourhood. The issue raised, therefore, involves elements of larger public concern and has implications for the health, safety, and well-being of the local community as a whole. 3. It is well settled that matters involving public interest affecting a class of citizens or the general public ought to be agitated by invoking the jurisdiction of the Court through properly instituted Public Interest Litigation (PIL). A private individual cannot, under the guise of a personal grievance, seek reliefs in a public law domain that are essentially collective in nature without following the appropriate procedure and framing the case accordingly. 4. In the present case, the petitioner seeks directions in a matter that clearly falls within the realm of public interest. Therefore, the present writ petition, filed in an individual capacity without invoking the Public Interest Litigation jurisdiction of the Court, is not maintainable. - 6 - HC-KAR NC: 2025:KHC:22319 WP No. 15262 of 2025 In light of the above, liberty is reserved to the petitioner to initiate appropriate proceedings before the competent forum, including approaching this Court by instituting a properly framed public interest litigation, if so advised. Accordingly, the writ petition stands disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE AKV List No.: 1 Sl No.: 10