- 1 - HC-KAR NC: 2025:KHC:35710 WP No. 25503 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 25503 OF 2025 (BDA) BETWEEN: 1. A ASLAM AHAMED SHARIFF S/O AFSAR ULLA SHARIFF AGED ABOUT 45 YEARS FLAT NO 24307, PRESTIAGE JINDAL CITY, MANJUNATHA NAGAR, BANGALORE - 560 073 ALSO R/AT NO.457, 6TH CROSS, MARALURU JANATHA COLONY, TUMAKURU - 572 105 2. MANSOOR AHMED AGED ABOUT 66 YEARS S/O MAHABOOBE ALAM R/AT HULIYAR H, C N HALLI TALUQ, DURGAMMA GUDI BEEDI, MARUTHINAGAR, HULIYAR, TUMAKURU - 572 218 3. KHAN SIKANDAR RAFIQ AGED ABOUT 39 YEARS S/O RAFIQ KHAN R/AT NO. 31194, 19TH FLOOR, TUMAKUR MAIN ROAD, MANJUNATH NAGAR, PRESTIGE JINDAL CITY Digitally signed by NAGAVENI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35710 WP No. 25503 of 2025 NAGASANDRA POST, BENGALURU - 560 073 …PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. BANGALORE DEVELOPMENT AUTHORITY REPRESENTED BY THIS CHAIRMAN KUMARA PARK WEST, T.CHOWDAIAH ROAD, BENGALURU - 560 020 2. STATE OF KARNATAKA REP BY DEPUTY COMMISSIONER BANGALORE DISTRICT KG ROAD, NEAR DISTRICT REGISTRAR OFFICE AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU - 560 009 3. PANCHYAT DEVELOPMENT OFFICER, CHICKABERAKALLU VILLAGE PANCHYAT OFFICE CHICKABERAKALLU VILLAGE, DASNAPURA HOBLI, BANGALORE - 562 162 4. PRAKSAH C. PRESIDENT OF PRESTIGE JINDAL CITY APARTMENT OWNERS ASSOCIATION AGED ABOUT 56 YEARS R/AT BUILDING 3, TOWER 2, FLAT NO.32272 TUMKUR MAIN ROAD, CHIKKABIDARAKALLU VILLAGE, DASANAPURA HOBIL, NELAMANGALA TALUK, - 3 - HC-KAR NC: 2025:KHC:35710 WP No. 25503 of 2025 BANGALORE - 560 073 [REGISTERED UNDER THE KARNATAKA APARTMENT OWNERSHIP ACT, 1972] 5. BASAVARAJA KOTE SECRETARY OF PRESTIGE JINDAL CITY APARTMENT OWNERS ASSOCIATION AGE ABOUT 56 YEARS S/O NOT KNOWN R/AT BUILDING 1, TOWER 3, FLAT NO.13136, TUMKUR MAIN ROAD, CHIKKABIDARAKALLU VILLAGE, DASANAPURA HOBIL, NELAMANGALA TALUK, BANGALORE - 560 073 6. SANJEEV KUMAR JOINT SECRETARY PRESTIGE JINDAL CITY APARTMENT OWNERS ASSOCIATION AGE ABOUT 52 YEARS S/O NOT KNOWN R/AT BUILDING 2, TOWER 5, FLAT NO.25287, TUMKUR MAIN ROAD, CHIKKABIDARAKALLU VILLAGE, DASANAPURA HOBLI, NELAMANGALA TALUK, BANGALORE - 560 073 7. SUDHAKAR HOBLIDAR TREASURER PRESTIGE JINDAL CITY APARTMENT OWNERS ASSOCIATION AGE ABOUT 50 YEARS S/O NOT KNOWN R/AT BUILDING 3, TOWER 1, FLAT NO 31246, - 4 - HC-KAR NC: 2025:KHC:35710 WP No. 25503 of 2025 TUMKUR MAIN ROAD, CHIKKABIDARAKALLU VILLAGE, DASANAPURA HOBIL, NELAMANGALA TALUK, BANGALORE - 560 073 8. DEEPTI AGARWAL JOINT TREASURER PRESTIGE JINDAL CITY APARTMENT OWNERS ASSOCIATION AGE ABOUT 47 YEARS W/O NOT KNOWN R/AT BUILDING 4, TOWER 3, FLAT NO 43156, TUMKUR MAIN ROAD, CHIKKABIDARAKALLU VILLAGE, DASANAPURA HOBIL, NELAMANGALA TALUK, BANGALORE - 560 073 …RESPONDENTS (BY SRI. M. AJAY KUMAR, ADVOCATE FOR R1; SRI. RAJASHEKARA SEERI, ADVOCATE FOR R4 TO R8) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO R1 TO REMOVE ALL THE ILLEGAL CONSTRUCTION OVER THE SCHEDULE PROPERTY i.e., 16 GUNTAS OF KHARAB LAND OF SURVEY NO.29/2 OF SITUATED AT CHIKBIDARHALLI VILLAGE, DASANPURA HOBLI, NELAMANGALA TALUK (PRESENTLY BANGALORE NORTH TALUK AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2025:KHC:35710 WP No. 25503 of 2025 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "1. Issue writ of mandamus to Respondent no 1 to remove all the illegal construction over the schedule property i.e. 16 Guntas of Kharab land of survey no 29/2 of situated at Chikbidarhalli Village Dasanpura Hobil, Nelamangala Taluk (Presently Bangalore North Taluk), AND 2. Impose exemplary cost over the Respondent no 4- 8 and other executive members for violation of conditions of sanction plan and illegal encroaching the schedule property. 3. Pass any other order which this Hon'ble court deems fit by considering the facts of this court, in the interest of justice and equity." 2. Heard Sri. Mohammed Tahir, learned counsel appearing for the petitioners, Sri. M. Ajay Kumar, learned counsel appearing for respondent No.1, Sri. Rajashekara Seeri, learned counsel appearing for respondent Nos.4 to 8 and have perused the material on record. 3. This Court, on 22.08.2025, had directed the BDA to inspect the property and file the report and till the next date, - 6 - HC-KAR NC: 2025:KHC:35710 WP No. 25503 of 2025 construction of any kind was directed to be stopped. The same was continued on the next date. 4. The BDA said to have inspected the property and have filed a report. The report of the BDA is that there is a Tree Park in the 'B' Kharab land, which belongs to the Government and owners of the apartment complex have no right of access to it. The report further indicates that there is some construction in the in the said 'B' Kharab land. Therefore, the BDA, if in terms of the report, shall take appropriate action, in accordance with law. 5. Learned counsel appearing for respondent No.1, Sri. M. Ajay Kumar, at this juncture, submits that it is the Municipal Corporation of Madanayakanahalli, who should take action. 6. It is open to the petitioners to submit a representation to the said Municipal Corporation to take action, in accordance with law. - 7 - HC-KAR NC: 2025:KHC:35710 WP No. 25503 of 2025 With the aforesaid observations, the petition stands disposed. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 57 CT-SG