- 1 - NC: 2025:KHC:5958 WP No. 27459 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 27459 OF 2024 (LB-BMP) BETWEEN: 1. SMT R PAVITHRA AGED ABOUT 52 YEARS, W/O CHITTI BABU K M R/AT NO. 74, 13TH CROSS, GANGAMMA LAYOUT, ASHOKNAGAR, KATHRIGUPPE MAIN ROAD, BANGALORE – 560 050 REPRESENTED BY HER GPA HOLDER SMT. S NANDINI AGED ABOUT 35 YEARS, D/O SRINIVASA REDDY, R/AT BEERESHWARA NILAYA, NAGALAKHATTE ROAD, NEAR DECCAN HOSPITAL, ASHWINI LAYOUT, CHINTAMANI-563 125. …PETITIONER (BY SRI. NAIK N R., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, NR SQUARE BBMP, BENGALURU 560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER UTTARAHALLI SUB DIVISION, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5958 WP No. 27459 of 2024 UTTARAHALLI BBMP, BANGALORE-560 076. 4. SMT M SUDHAMOHAN KUMAR FATHER'S NAME NOT KNOWN TO THE PETITIONER, AGED MAJOR, R/AT NO.89, 3RD MAIN, 3RD CROSS, SRINIVASANAGAR, BANASHANKARI 1ST STAGE, BANGALORE-560 050. …RESPONDENTS (BY SMT. SINCHANA M R., ADVOCATE FOR R1 & R2; SMT. BHANU PRABHA, ADVOCATE FOR R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 AND 2 TO STOP THE ILLEGAL AND UNAUTHORIZED CONSTRUCTION MADE BY THE R-3 AT SITE BEARING NO. 25, FORMED IN SY NO. 7/2 OF UTTARAHALLI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK WHICH BELONGS TO THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This petition is filed seeking for a direction to respondent Nos.1 and 2 to stop the illegal and unauthorized construction being put up by respondent No.3 at site bearing No.25 formed in - 3 - NC: 2025:KHC:5958 WP No. 27459 of 2024 Sy.No.7/2 of Uttarahalli Village, Bangaluru South Taluk. 2. It is the case of the petitioner that respondent No.3 while contending that he is putting up a construction in Sy.No.7/3 is actually putting up the construction in Sy.No.7/2 in site bearing No.25. 3. Learned counsel appearing for respondent No.3 submits that, as a matter of fact, the petitioner has instituted a suit for injunction in O.S.No.4027/2024 and he had secured an interim order, but which was vacated. It is also submitted that an appeal has been preferred in MFA No.6675/2024, which is pending consideration. 4. Learned counsel submits that respondent No.3 is putting up a construction in a site which is formed in Sy.No.7/3 and he is not putting up any construction in any portion of Sy.No.7/2. - 4 - NC: 2025:KHC:5958 WP No. 27459 of 2024 5. In my view, since the petitioner is before the Civil Court contending that an attempt is being made to put up construction in his site which is formed in Sy.No.7/2, it would not be appropriate to entertain this petition and await the decision of the Civil Court in this regard. 6. The writ petition is therefore disposed of observing that the question as to whether respondent No.3 putting a construction in a site bearing Sy.No.7/3 or in Sy.No.7/2 will be decided in O.S.No.4027/2024 and the petitioner will have to abide by the said decision. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 37