- 1 - NC: 2025:KHC:1215 WP No. 26544 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 26544 OF 2017 (GM-RES) BETWEEN: 1. MS. DEEPA BHAVASAR.M.B. AGED ABOUT 41 YEARS, DAUGHTER OF LATE MR.M.BALACHANDRA RAO, AND LATE MRS K.N.NARAYANA BAI, RESIDING AT #63/90, 1ST FLOOR, 39TH CROSS, EAST END 'B' MAIN ROAD, JAYANAGAR 9TH BLOCK, BENGALURU-560 069. 2. MR. SUDHIR BHAVASAR.M.B. AGED ABOUT 39 YEARS, SON OF LATE MR M.BALACHANDRA RAO, AND LATE MRS K.N.NARAYANA BAI, RESIDING AT #005, UNITECH AKSHAYA APARTMETNS, 7TH CROSS, AKSHAYANAGAR MAIN ROAD, AKSHAYANAGAR, BENGALURU-560 068. …PETITIONERS (BY SRI. P.B.APPAIAH., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, KARNATAKA GOVERNMENT SECRETARIAT, VIKASA SOUDHA, DR B.R.AMBEDKAR VEEDHI, BENGALURU-560 001. REPRESENTED BY ITS SECRETARY. 2. KARNATAKA SLUM DEVELOPMENT BOARD, A STATUTORY BODY CONSTITUTED UNDER THE Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:1215 WP No. 26544 of 2017 KARNATAKA SLUM AREAS (IMPROVEMENT AND CLEARANCE) ACT 1973, NO.55, ABHAYA COMPLEX, 3RD FLOOR, RISALDAR STREET, SESHADRIPURAM, BENGALURU-560 020. REPRESENTED BY ITS COMMISSIONER. 3. BENGALURU DEVELOPMENT AUTHORITY A STATUTORY BODY CONSTITUTED UNDER THE BENGALURU DEVELOPMENT AUTHORITY ACT 1976. T.CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020. RERPESENTED BY ITS COMMISSIONER. 4. BRUHATH BENGALURU MAHANAGARA PALIKE, A STATUTORY BODY CONSTITUTED UNDER THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976, CORPORATION BUILDINGS, N.R.SQUARE, BENGALURU-560 002. RERPESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. MANJUNATHA RAYAPPA., AGA FOR R1; SRI. SATISH., ADVOCATE FOR SRI. M.P.SRIKANTH., ADVOCATE FOR R2; SRI. VASANTHA., ADVOCATE FOR SRI. K.KRISHNA., ADVOCATE FOR R3; SRI. SHRINIVAS., ADVOCATE FOR SRI. B.L.SANJEEV., ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.P.B.Appaiah., counsel for the petitioners, Sri.Manjunatha Rayappa., AGA for respondent No.1, Sri.Satish., - 3 - NC: 2025:KHC:1215 WP No. 26544 of 2017 counsel on behalf of Sri.M.P.Srikanth., for respondent No.2, Sri.Vasantha., counsel on behalf of Sri.K.Krishna., for respondent No.3 and Sri.Shrinivas., counsel on behalf of Sri.B.L.Sanjeev., for respondent No.4 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Mandamus directing respondents 2 and 3 to remove all the buildings and other structures being constructed on the Eastern boundary and adjacent to the schedule property which are encroaching on the schedule property owned by the petitioners and also to direct respondents 2 and 3 not to construct any buildings or other structures on the Eastern boundary or adjacent to the schedule property which may encroach on the schedule property owned by the petitioners. 3. Heard the arguments and perused the Writ papers with care. 4. A perusal of the petition averments and the reliefs sought by the petitioner depicts that it is civil in nature and the same cannot be adjudicated under Article 226 of the Constitution of India. The law is well settled that the disputed question of fact cannot be investigated under Article 226 of the - 4 - NC: 2025:KHC:1215 WP No. 26544 of 2017 Constitution of India. Hence, I decline to exercise power under the writ jurisdiction. However, a liberty is accorded for the petitioner to approach appropriate forum seeking appropriate relief in accordance with the law if so advised. 5. Resultantly, the Writ Petition is dismissed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 3 Sl No.: 26