- 1 - HC-KAR NC: 2025:KHC:54732-DB WA No. 2090 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF DECEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 2090 OF 2025 (LB-BMP) BETWEEN: 1. MR. SYED HUMAYUN S/O. LATE SYED MOHIDIN, AGED ABOUT 71 YEARS, R/O. NO.43, 8TH MAIN, BANNERGHATTA MAIN ROAD, NEW GURAPPANAPALYA, BENGALURU-560 029. 2. MR. SYED LAYEEQ IMRAN, S/O. MR. SYED HUMAYUN, AGED ABOUT 37 YEARS, R/O. NO.43, 8TH MAIN, BANNERGHATTA MAIN ROAD, NEW GURAPPANAPALYA, BENGALURU-560 029. 3. MR. C. NAZEER AHMED, S/O. MR. CHAKARAJUVEMULA ABDUL SATTAR, AGED ABOUT 37 YEARS, R/O. NO. 29-332-27, TEKKE, NEAR POLICE LINE MASJID, NANDYAL, KURNOOL, ANDHRA PRADESH-518 501. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:54732-DB WA No. 2090 of 2025 4. MRS. SHAIK RESHMA W/O. MR. C. NAZEER AHAMED, AGED ABOUT 37 YEARS, R/O. NO. 29-332-27, TEKKE, NEAR POLICE LINE MASJID, NANDYAL, KURNOOL, ANDHRA PRADESH-518 501. 5. MR. MOHAMMED SADIQ, S/O. MOHAMMED ALI, AGED ABOUT 60 YEARS, R/O. NO.22, MARSS MANOR FLAT NO.302, 3RD FLOOR, 9TH 'A' MAIN, BTM LAYOUT, 1ST STAGE, BENGALURU-560 029. 6. MRS. ZOHARA SADIQ, W/O. MOHAMMED SADIQ, AGED ABOUT 47 YEARS, R/O. NO.22, MARSS MANOR FLAT NO.302, 3RD FLOOR, 9TH 'A' MAIN, BTM LAYOUT, 1ST STAGE, BENGALURU-560 029. 7. MR. MOHAMMED MUHAZ, S/O. MOHAMMED SADIQ, AGED ABOUT 22 YEARS, R/O. NO.22, MARSS MANOR FLAT NO.302, 3RD FLOOR, 9TH 'A' MAIN, BTM LAYOUT, 1ST STAGE, BENGALURU-560 029. 8. MRS. NAZIA KOUSER, W/O. SHAIK ALTAF PASHA, AGED ABOUT 51 YEARS, - 3 - HC-KAR NC: 2025:KHC:54732-DB WA No. 2090 of 2025 R/O. FLAT NO.404, 4TH AND 5TH FLOOR, ROYAL MANOR, NO.7, 8TH 'B' MAIN ROAD, MARUTHI CO-OP. SOCIETY LAYOUT CENTRE, NEW GURAPPANAPALYA, BANNERGHATTA ROAD, BENGALURU-560 029. …APPELLANTS (BY SRI. R. SUBRAMANYA, ADVOCATE FOR SRI. NARASIMHARAJU, ADVOCATE) AND: 1. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU-560 002. 2. THE JOINT COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU SOUTH RANGE, BOMMANAHALLI, BENGALURU-560 068. 3. THE EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI, HOSUR ROND, BENGALURU-560 068. 4. THE ASSISTANT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, BTM LAYOUT WARD, BENGALURU-560 029. 5. MR. SALMAN PASHA, S/O. MR. BABU, - 4 - HC-KAR NC: 2025:KHC:54732-DB WA No. 2090 of 2025 AGED ABOUT 34 YEARS, R/O. NO.51, 8TH MAIN, HARMONY APARTMENT, BTM LAYOUT, 1ST STAGE, BENGALURU-560 029. 6. MR. T. MANJUNATH, S/O. LATE V. THIMMAIAH, AGED ABOUT 55 YEARS, R/O. NO.771, 28TH MAIN ROAD, BTM LAYOUT 2ND STAGE, BENGALURU-560 076. 7. MR. SYED FAISAL AHMED, S/O. MR. SYED ASHRAFF, AGED ABOUT 43 YEARS, R/O. NO.1, 8TH 'A' MAIN, NEAR SHANTHALA MEDICAL, NEW GURAPPANA PALYA, BENGALURU-560 029. 8. MR. SYED FUZAIL AHMED, S/O. MR. SYED ASHRAFF, AGED ABOUT 38 YEARS, R/O, NO.1, 8TH 'A' MAIN, NEAR SHANTHALA MEDICAL, NEW GURAPPANA PALYA, BENGALURU-560 029. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4) - 5 - HC-KAR NC: 2025:KHC:54732-DB WA No. 2090 of 2025 THIS WRIT APPEAL IS FILED U/SEC.4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.21761/2025 DATED 12.12.2025 AND ALSO GRANT SUCH OTHER RELIEFS WHICH ARE DEEMS TO BE FIT UNDER THE FACTS AND CIRCUMSTANCES IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV) The appellants/applicants have sought for leave to file the present petition and submit that they were not parties before the learned Single Judge and the order has been passed which prejudices their rights and such order has been passed without bringing true facts on record. 2. Perused the order dated 12.12.2025. - 6 - HC-KAR NC: 2025:KHC:54732-DB WA No. 2090 of 2025 3. Learned counsel for the appellants/applicants submits that the Court would not have passed an order to seal portion of the premises which is in violation of building plan, if it was brought to the notice of the Court that the applicants herein were already in possession. 4. Taking note of the fact that the applicants were not parties in the proceedings, it would be appropriate to relegate the applicants to move the matter before the learned Single Judge and move for appropriate orders. 5. As it is noticed that W.P.No.21761/2025 is a pending matter, it is clarified that relegating of the applicants to move the learned Single Judge would require the petitioner to move the appropriate application in the pending proceedings. Taking note that the application that may be filed in the Vacation Bench, could be filed before the Registry during vacation. If such application is filed, the application to be posted before the roster Judge, in light of the urgency pleaded. - 7 - HC-KAR NC: 2025:KHC:54732-DB WA No. 2090 of 2025 6. All contentions are kept open. It is further clarified that, if application is filed, same to be posted at the latest on the next vacation sitting day. Accordingly, the writ appeal is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE Sd/- (T.M.NADAF) JUDGE MCR List No.: 1 Sl No.: 5