- 1 - HC-KAR NC: 2025:KHC:26150 WP No. 11697 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 11697 OF 2025 (LB-BMP) BETWEEN: 1. MR. R. SRINIVASAN S/O LATE SRI. V.RANGASWAMY AGED ABOUT 75 YEARS NO. 1/1, 'Q' NO. 2ND STREET POLICE LANE 'A' CROSS BENGALURU-560 001. …PETITIONER (BY SRI. RAGHUNATH .M.D AND LEGAL AXIS, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE N.R. ROAD, BENGALURU-560 002. 2. THE ADMINISTRATOR BRUHAT BENGALURU MAHANAGAR PALIKE N R ROAD, BENGALURU-560 002. 3. THE ASSISTANT REVENUE OFFICER BBMP OFFICE, DISPENSERY ROAD BANGALORE-560 001. 4. SRI. D. SURIYANARAYANAN FATHER'S NAME NOT KNOWN TO THE PETITIONER MAJOR Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26150 WP No. 11697 of 2025 5. SRI. D.S. SURAJ FATHER'S NAME NOT KNOWN TO THE PETITIONER MAJOR 6. SRI. S. PRAKASH KUMAR FATHER'S NAME NOT KNOWN TO THE PETITIONER MAJOR R4 TO R6 ARE R/AT NO. 116/117 DHARAMARAJA KOIL STREET NEAR SRI RAMA TEMPLE, SHIVAJINAGAR BENGALURU-560 001. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY .K.S, ADVOCATE FOR R1 TO R3; R5 AND R6 ARE SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ALLOW THE WRIT PETITION WITH COSTS, DIRECTING THE RESPONDENTS 1 AND 2 TO IN CLEARING OF PROPERTY, BREACHES GETTING IN THE WALL IN PROPERTY NO.101, ARMSTRONG ROAD, BENGALURU IN TERMS OF NOTICE DATED 20.02.2023, PRODUCED AT ANNEXURE-C AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - HC-KAR NC: 2025:KHC:26150 WP No. 11697 of 2025 ORAL ORDER The captioned petition is filed seeking a direction against respondent Nos.1 and 2 to clear the garbage dumped in the abutting property bearing No.101, Armstrong Road, Bengaluru in terms of notice dated 20.02.2023 produced at Annexure-C. 2. Heard learned counsel for the petitioner and learned counsel appearing for the respondent-BBMP. 3. The petitioner claims to be the absolute owner of the property bearing No.1/1, ‘Q’ No.2nd Street, Police Lane ‘A’ Cross, Bengaluru. The adjoining property, bearing No.101, Armstrong Road, Shivajinagar, Bengaluru, is stated to be owned by respondent Nos.4 to 6. The grievance raised in the present writ petition pertains to the inaction of the authorities in addressing the issue of indiscriminate garbage dumping on the vacant site belonging to respondent Nos.4 to 6. - 4 - HC-KAR NC: 2025:KHC:26150 WP No. 11697 of 2025 4. According to the petitioner, the old structure which earlier stood on the said property collapsed more than three decades ago. Ever since, the property has remained abandoned, with the owners failing to remove the debris or maintain the premises. The petitioner asserts that due to this continued inaction, the vacant site has become a convenient dumping ground for garbage by the local residents, causing serious health hazards and inconvenience to those residing nearby. Despite several representations and complaints lodged with the concerned municipal authorities, no remedial action has been taken, thereby compelling the petitioner to approach this Court seeking appropriate directions. 5. This Court, by its order dated 01.07.2025, had orally directed the learned counsel appearing for the official respondents to take instructions and submit a report on the next date of hearing. In compliance, learned counsel for respondent Nos.1 and 2 has placed on record a communication dated 30.06.2025 issued by the Assistant - 5 - HC-KAR NC: 2025:KHC:26150 WP No. 11697 of 2025 Revenue Officer (ARO) and addressed to the Assistant Executive Engineer (AEE). In the said communication, which is annexed to the memo dated 14.07.2025 as Annexure–R1, the ARO has categorically instructed the AEE to initiate appropriate measures and report back to his office. This communication prima facie reflects that the issue raised by the petitioner has been formally brought to the notice of the appropriate officer for further action. 6. On today's date, respondent Nos.5 and 6 have appeared in person before this Court and submitted that they too have been aggrieved by the indiscriminate dumping of garbage on their property. They allege that certain residents of the locality, acting in a highhanded manner, are habitually dumping garbage in the open site despite protests. They have also submitted that they have independently lodged complaints before the BBMP authorities, requesting removal of the accumulated waste. This presents a peculiar factual scenario where both the - 6 - HC-KAR NC: 2025:KHC:26150 WP No. 11697 of 2025 adjoining landowner (petitioner) and the landowners of the vacant site (respondent Nos.5 and 6) have jointly expressed grievance and sought the intervention of the municipal authorities. 7. In light of the above developments and taking note of the communication at Annexure–R1, this Court is of the opinion that the Assistant Executive Engineer (AEE), though not presently a party to this petition, is duty-bound to act upon the directions issued by the Assistant Revenue Officer. Accordingly, the Assistant Executive Engineer is directed to forthwith take necessary steps to clear the accumulated garbage and debris on the property bearing No.101, Armstrong Road, Bharathinagar, Bengaluru, owned by respondent Nos.4 to 6. Further, the BBMP officials shall take proactive steps to prevent recurrence of such dumping by notifying the local residents, through suitable public notices or signage, that the said property is not a designated garbage dumping location. - 7 - HC-KAR NC: 2025:KHC:26150 WP No. 11697 of 2025 This Court further directs respondent No.3 to ensure that adequate waste management measures are put in place in the area, including the provision of a designated garbage collection point accessible to the residents. 8. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed in part; (ii) The respondent Nos.1 and 2 are hereby directed to clear the garbage dumped in the abutting property bearing No.101, Armstrong Road, Bharathinagar, Bengaluru in terms of notice dated 20.02.2023 produced at Annexure- C; (iii) This exercise shall be accomplished by the Assistant Executive Engineer within a period of four weeks. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 80