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High Court of Karnataka · body

2025 DAILYLAW 42056 (KAR)

SRI K S VIJAY KUMAR v. THE STATE OF KARNATAKA

WP/21136/2025 · 2025-08-23

C M Joshi

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 21136 OF 2025 (GM-RES-PIL) BETWEEN: 1. SRI K S VIJAY KUMAR AGED ABOUT 50 YEARS S/O SRI A SAMPANNA RAT NO. 309, 6TH A CROSS 7TH 'A' MAIN NEAR KRISHNADEVARAJA RAILWAY STATION VIJAYANAGAR 2ND STAGE HAMPINAGAR BENGALURU - 560 104. 2. SRI RANGARAJU T S/O THIMMARAYAGOWDA R AGED ABOUT 50 YEARS R/AT NO.631/1, 10TH 'A' CROSS KAVI RAGHAVANKA ROAD NEAR KAMALA NURSING HOME HANUMANTHNAGAR BANASHANKARI BENGALURU - 560 050. …PETITIONERS (BY SRI RAJANNA H., ADVOCATE) Digitally signed by SUMATHY KANNAN Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560 001. 2. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF INDUSTRIES AND COMMERCE VIKASA SOUDHA BENGALURU - 560 001. 3. THE COMMISSIONER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN RACE COURSE ROAD BENGALURU - 560 001. 4. THE CHIEF EXECUTIVE OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU - 560 001. 5. THE JOINT DIRECTOR KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD KHANIJA BHAVAN RACE COURSE ROND BENGALURU - 560 001. 6. THE EXECUTIVE ENGINEER AND DEVELOPMENT OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD 2ND FLOOR, ARAVIND BHAVANA NRUPATHUNGA ROAD BENGALURU - 560 001. - 3 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 7. THE COMMISSIONER/DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION 9TH FLOOR, VISHWESHWARA TOWER PODIUM BLOCK BENGALURU - 560 001. 8. THE CHIEF OFFICER TOWN MUNICIPAL CORPORATION BOMMASANDRA BENGALURU URBAN DISTRICT HOSUR ROAD BENGALURU - 560 099. 9. THE CHIEF EXECUTIVE OFFICER KARNATAKA STATE POLLUTION CONTROL BOARD CHURCH STRECT BENGALURU - 560 001. 10. THE DIRECTOR GENERAL OF POLICE KARNATAKA STATE FIRE AND EMERGENCY SERVICES NO. 1, ANNASWAMY MODALIAR ROAD BENGALURU - 560 042. 11. THE CHIEF ENGINEER BANGALORE ELECTRICITY SUPPLY COMPANY (BESCOM) BANGALORE RURAL AREA ZONE NO.2 RAJAJINAGAR INDUSTRIAL TOWN RAJAJINAGAR BENGALURU - 560 023. 12. M/S ASPA AUTO LAMPS PRIVATE LTD A COMPANY INCORPORATED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT No.1/B NANJAMBA AGRAHARA, 5TH MAIN CHAMARAJPET, BANGALORE-560 018 REPRESENTED BY ITS MANAGING DIRECTOR MR. SURESH N.SHETTY S/O LATE B NAGANNA SHETTY. - 4 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 13. MR. P.S. ANAND RAM S/O LATE P.S. SUBAIAH SETTY AGED ABOUT 77 YEARS No. 17, M.M.V ROAD VISVESWARAMAPURAM BENGALURU - 560 004. 14. MRS. UMA ANAND W/O. P.S. ANAND RAM AGED ABOUT 73 YEARS NO.17, M.M.V. ROAD VISVESWARAMAPURAM BENGALURU - 560 004. 15. MRS. P.S.A. SANJAY S/O P.S. ANAND RAM AGED ABOUT 51 YEARS NO.17, M.M.V. ROAD VISVESWARAMAPURAM BENGALURU - 560 004. 16. MRS. KAVYA SANJAY W/O P.S.A. SANJAY AGED ABOUT 46 YEARS NO.17, M.M.V. ROAD VISVESWARAMAPURAM BENGALURU - 560 004. 17. MRS. P.S.A. SHANKAR S/O P.S. ANAND RAM AGED 48 YEARS NO.17. M.M.V. ROAD VISVESWARAMAPURAM BENGALURU - 560 004. 18. MR. SURESH N.SHETTY S/O LATE B.NAGANNA SHETTY AGED ABOUT 78 YEARS - 5 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 No.386A, 20TH MAIN, 11TH CROSS J.P. NAGAR, 2ND PHASE BENGALURU - 560 078. 19. SMT. ANITHA SURESH SHETTY W/O SURESH.N. SHETTY AGED ABOUT 71 YEARS NO.386A, 20TH MAIN 11TH CROSS, J.P.NAGAR 2ND PHASE, BENGALURU - 560 078. 20. MR. DARSHAN SURESH SHETTY S/O SURESH N. SHETTY AGED ABOUT 48 YEARS NO. 386A, 20TH MAIN, 11TH CROSS J.P. NAGAR, 2ND PHASE BENGALURU - 560 078. 21. MR. ARCHAN SURESH SHETTY S/O SURESH.N.SHETTY AGED ABOUT 45 YEARS NO 386A, 20TH MAIN, 11TH CROSS J.P.NAGAR, 2ND PHASE BENGALURU - 560 078. 22. MR.K.R. SHETTY @ RAGHURAM SHETTY KUKKUJE S/O LATE HIRIANNA SHETTY AGED ABOUT 76 YEARS R/O GURUKRUPA NO.117, 5TH BLOCK, 2ND CROSS 17TH B. MAIN ROAD KORAMANGALA BENGALURU - 560 095. 23. MRS. KUSUMA RAGHURAM SHETTY W/O K.R. SHETTY AGED ABOUT 68 YEARS R/O GURUKRUPA. NO. 117 5TH BLOCK, 2ND CROSS - 6 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 17TH B MAIN ROAD KORAMANGALA BENGALURU - 560 095. 24. MR.K. R.GURUPRIYA @GURUPRIYA RAGHURAM S/O. K.R. SHETTY AGED ABOUT 42 YEARS R/O GURUKRUPA, NO.117 5TH BLOCK, 2ND CROSS 17TH B MAIN ROAD KORAMANGALA BENGALURU - 560 095. 25. MR.GURUDAS KUKKUJE RAGHURAM S/O K.R.SHETTY AGED ABOUT 39 YEARS R/O GURUKRUPA, NO.117 5TH BLOCK, 2ND CROSS 17TH B MAIN ROAD KORAMANGALA BENGALURU - 560 095. 26. MR.GURUDUTT KUKKUJE RAGHURAM S/O K.R.SHETTY AGED ABOUT 38 YEARS R/O GURUKRUPA, NO. 117, 5TH BLOCK 2ND CROSS, 17TH B MAIN ROAD KORAMANGALA BENGALURU - 560 095. 27. MS. TEERTHA S. BHANDARY W/O. SMARAN S. BHANDARY AGED ABOUT 40 YEARS NO. 386A, 20TH MAIN 21ST CROSS, J.P.NAGAR 2ND PHASE, BENGALURU - 560 078. - 7 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 28. MR. P. P. HEBBAR S/O LATE P.N. HEBBAR AGED ABOUT 78 YEARS NO. 12, 1ST FLOOR CHOWDAPPA LAYOUT SHANTHINAGAR BENGALURU - 560 002. 29. MRS. MANJULA HEBBAR D/O LATE P.P. HEBBAR AGED ABOUT 73 YEARS NO.12, 1ST FLOOR CHOWDAPPA LAYOUT SHANTHINAGAR BENGALURU - 560 027. 30. MRS. MADHAVI HEBBAR D/O LATE P.N.HEBBAR AGED ABOUT 40 YEARS NO. 12, 1ST FLOOR CHOWDAPPA LAYOUT SHANTHINAGAR BENGALURU - 560 027. 31. MR.GOPAL.B S/O CHENNAPPA AGED ABOUT 58 YEARS NO. 178, HALAGEVADEREHALLI SHIVANNA LAYOUT NEAR PADMAVATHI KALAYANA MANTAPA RAJARAJESHWARI NAGAR BENGALURU - 560 098. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1, 2, 7 & 10) - 8 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.3 TO 6 TO PRODUCE ALL THE DOCUMENTS BEFORE THIS HON'BLE COURT PERTAINING TO THE ALLOTMENT OF THE SCHEDULE PROPERTY TO THE RESPONDENT NO.12 AND 13 AND THE SUBSEQUENT SALE TRANSACTION, TO ASCERTAIN THEIR GENUINENESS & ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU ,CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU,CHIEF JUSTICE) 1. The petitioners have filed the present public interest litigation, inter alia praying that respondent Nos.3 to 6 be directed to demolish the illegal construction that has been raised by respondent Nos. 3 to 13 over the subject property (Plot No. 259A of Bommasandra Industrial Area in Survey Nos. 238 and 240 of Bommasandra Village, Attibele Hobli, Anekal Taluk, Bangalore District) [subject property]. - 9 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 2. The petitioners state that the subject property was leased by Karnataka Industrial Area Development Board to respondent No. 13 on 05.02.1987. Thereafter, by a registered sale deed executed on 06.03.2000, the subject property was sold to respondent No.12 [M/s Aspa Auto Lamps Private Limited]. The petitioners state that thereafter respondent No.12 has executed sale deeds in favour of respondent Nos. 13 to 30 in respect of the subject property. And some of the said respondents had executed a lease deed in favour of respondent No. 31. The petitioners submit that now, a hospital is being raised on the said lands by the lessees. It is alleged that the construction being raised on the subject land, is without proper sanction or licence to raise such construction. However, the learned counsel appearing for the petitioners fairly states that the sanction for constructing a hospital on part of the subject land, has since been granted. 3. In view of the above, we do not consider it apposite to entertain the present petition. In the event any construction is raised contrary to the law, it would be open for the petitioner to file a complaint regarding the same with the concerned authorities. - 10 - HC-KAR NC: 2025:KHC:33074-DB WP No. 21136 of 2025 4. Needless to state that if the concerned authorities find that the construction raised is contrary to the approved plans or other laws, the respondents will take the necessary steps, in accordance with law. 5. Petition is disposed of with the aforesaid observations. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE KS List No.: 1 Sl No.: 41