- 1 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.16919 OF 2025 (LB-RES) BETWEEN: 1. SMT. T.P.GEETHA W/O SRI. RAGHUPATHI. T AGED ABOUT 48 YEARS, RESIDING AT B.M.ROAD, BEHIND RANGALAKSHMI KALYANA MANTAPA, DODDAMANDIGANAHALLI HASSAN - 573 201. 2. SMT. DEVIKA W/O SRI. NARAYANA SINGH AGED ABOUT 68 YEARS RESIDING AT NO.116/2, 3RD MAIN, 8TH CROSS, CHAMARAJPET, BENGALURU 560 018. (NOTE SENIOR CITIZEN BENEFIT NOT CLAIMED) 3. SMT. B.S. SOWMYA W/O SRI. GURUMURTHY.P AGED ABOUT 48 YEARS, RESIDING AT MARUTHI NILAYA BHAGATH SINGH ROAD, 2ND MAIN ROAD, 2ND CROSS, HASSAN - 573 201. 4. SRI. RAVIKUMAR S/O SHIVANNE GOWDA AGED ABOUT 44 YEARS, RESIDING AT ALANAHALLI VILLAGE, HAMPAPURA POST, Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 HD KOTE TALUK, MYSURU DISTICT 570 926 &PETITIONERS (BY SRI. AJIT KALYAN.,ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF HOUSING, VIKAS SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER KARNATAKA HOUSING BOARD, KAVERI BHAVAN, K.G. ROAD, BENGALURU - 560 009. &RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, AGA FOR R1; SRI.SHARAN SABARAD, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE PAPER NOTIFICATION DTD. 19.05.2025 WHICH CONSISTS OF THE SCHEDULE OF THE E-AUCTION DTD. 16.06.2025/19.06.2025 AND PARTICULARLY THE E AUCTION NOTICE DTD. 20.05.2025 PRODUCED AS ANNX-A1 AND IN SO FAR AS THE VACANT HOUSES SITUATED IN HASSAN-BT BED LAYOUT (4 IN NO) PRODUCED HEREWITH AS ANNX-A DTD. 19.05.2025 BEARING NO. KAMOM/E-HARAJU KOSHA/EPRAKATANE-24/2025-26 TO THE EXTENT OF VACANT HOUSES SITUATED AT HASSAN B.T. BED LAYOUT; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 ORAL ORDER A very disturbing trend is noticed in the captioned petition. Petitioners while assailing the paper notification dated 19.05.2025, wherein the E-auction is scheduled on 16.06.2025/19.06.2025 on the E-Auction notice dated 20.05.2025, a writ of mandamus is sought before this Court on the premise that petitioners have the benefit of a mandamus issued by this Court to consider their application seeking allotment of sites. Therefore, reliance was placed on the order passed by this Court which is placed at Annexure-H. 2. Counsel appearing for respondent No.2-Housing Board has countered this document indicating that it is fabricated and to substantiate this fraudulent act of petitioners, has produced the true copy secured from the website of this Court. 3. It is quite shocking to note that the present petitioners who are arrayed as petitioner Nos.3 to 5 in the - 4 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 order annexed to the writ petition at Annexure-H are not at all party to the writ petition filed in W.P.No.10720/2020. The petitioner Nos.3 to 5 in the original order copy are namely K.T. Rangamma, Smt. Sakamma and B.M. Basavaraj, however in the order at Annexure-H, the names of these original petitioners no. 3 to 5 are deleted and names of the present petitioners are fraudulently inserted as petitioner Nos.3 to 5. 4. It is both alarming and condescending that the present petitioners in a brazen display of audacity have tampered the judgment of this Court. The original order passed by this Court clearly refers to petitioner Nos.1 to 5 who had approached this Court seeking directions to the Housing Board regarding allotment of site. However, in the present proceedings, the original petitioner Nos.3 to 5 who were part of original lis have been quietly removed and in their place, the names of the current petitioners have been inserted as petitioner Nos.3 to 5. This calculated act of substitution amounts to deliberate - 5 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 falsification of a judicial order. Such conduct squarely falls within the scope of perjury and forgery as contemplated under the Bharatiya Nyaya Sanhita, 2023. 5. This Court is of the view that such acts are not mere procedural improprieties, but strike at the very root of judicial process. The courts do not treat such a misconduct with severity it deserves. It will embolden unscrupulous litigants to engage in similar fraudulent practices with impunity. The judicial forum cannot be permitted to become a platform for deceit and manipulation of records. This is a classic case of fraud played on this Court. This Court is disturbed in noting the audacity of the litigants, who are now prepared even to play fraud on a constitutional court only to secure a property by illegal means. This Court is not inclined to spare such litigants who have indulged in tampering with the Court record. Therefore, this Court is compelled to direct the judicial Registrar to register a crime for having tampered with the court records. The investigating officer, - 6 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 on registration of such crime, shall proceed to investigate and file appropriate investigation report . 6. Upon a careful examination of the pleadings and the materials placed on record, it is evident that the petitioners have sought to place reliance on an order produced at Annexure-H, despite not being parties to the proceedings culminating in the said order. The present petitioners have challenged the paper notification dated 19.05.2025 scheduling the E-auction on 16.06.2025 and 19.06.2025, as well as the E-auction notice dated 20.05.2025. They seek issuance of a writ of mandamus on the ground that they are entitled to consideration for allotment of sites in light of a mandamus allegedly issued by this Court. However, it has now come to light that the original petitioners (Nos.3 to 5) have been substituted by the present petitioners, and the purported High Court order relied upon is forged. This constitutes a clear case of tampering with court records and abuse of the process of law. - 7 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 7. It is a settled principle of law that no writ of mandamus can be issued in favour of a person who was neither a party to the proceedings relied upon nor has any enforceable legal right arising from such an order. The petitioners, in the absence of locus or privity to the order at Annexure-H, cannot invoke the extraordinary jurisdiction of this Court to seek benefits flowing therefrom. 8. Moreover, from the conduct of the petitioners and the averments in the petition, it is apparent that they have deliberately attempted to mislead the Court by suppressing material facts and by misrepresenting their standing in relation to Annexure-H. Such conduct, bordering on fraud on the Court, cannot be countenanced. Litigants who approach the writ Court must do so with clean hands. The abuse of the process of law and the attempt to derive an undue advantage from an order in which they have no legal interest warrants imposition of exemplary costs. - 8 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 9. Accordingly, memo for withdrawal of the writ petition is rejected and this Court proceeds to pass the following: ORDER (i) Writ petition is dismissed as not maintainable; (ii) This Court deems it just and appropriate to impose costs of Rs.1,00,000/- (Rupees One Lakh only) on the petitioners, for having abused the process of law. The said amount shall be paid jointly and severally by the petitioners to the Karnataka High Court Advocates' Clerks Benevolent Fund; (iii) The counsel appearing for the petitioners shall ensure compliance with this direction and shall file a memo reporting such compliance before the Registry within a period of three weeks from the date of receipt of a certified copy of this order; (iv) In view of the serious allegation and prima facie material indicating tampering of - 9 - HC-KAR NC: 2025:KHC:21848 WP No. 16919 of 2025 court records, this Court hereby directs the Judicial Registrar to register a complaint before the jurisdictional Judicial magistrate under section 379 of Bharatiya Nagarik Suraksha Sanhita, 2023 for offences punishable under section 229(1) and (2) of Bharatiya Nyaya Sanhita, 2023, in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 19