- 1 - HC-KAR NC: 2025:KHC:30579 WP No. 14270 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.14270 OF 2025 (LB-BMP) BETWEEN: 1. MR. ARIF JAMEEL S/O. SRI JAMEEL AHMED AGED ABOUT 54 YEARS, 2. MRS. ASIFA A.I. W/O. ARIF AHMEEL AGED ABOUT 51 YEARS, BOTH ARE RESIDING AT FLAT NO.101, 1ST FLOOR, ASHRAYA MANSION, SEC-A RAMAIYA REEDY COLONY, NEAR TATA SHERWOOD, BASAVANAGAR MAIN ROAD, BANGALORE - 560 037. 3. MR. RAMESH VISSA, S/O. VASU SURYA PRAKASA ROA, AGED ABOUT 47 YEARS, FLAT NO.G-1, GROUND FLOOR, ASHRAYA MANSION, SEC-A RAMAIYA REEDY COLONY, NEAR TATA SHERWOOD, BASAVANAGAR MAIN ROAD, BANGALORE - 560 037. 4. SMT. ARUNA BAI W/O LATE U. MANJUNATH RAO, AGED ABOUT 66 YEARS, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30579 WP No. 14270 of 2025 FLAT NO.102, FIRST FLOOR, ASHRAYA MANSION, SEC-A RAMAIYA REEDY COLONY NEAR TATA SHERWOOD, BASAVANAGAR MAIN ROAD, BANGALORE - 560 037. 5. MR. MASTER SRIDHAR, S/O. V. KANNALYAN, AGED ABOUT 53 YEARS, FLAT NO.201, SECOND FLOOR, ASHRAYA MANSION, SEC-A RAMAIYA REEDY COLONY NEAR TATA SHERWOOD, BASAVANAGAR MAIN ROAD, BANGALORE - 560 037. PRESENTLY RESIDING AT 26F, TOWER-1, OLYMIPIC HEIGHTS, EAST WOOD, QUEZON, MANILA, PHILIPPINES-1110. 6. MR. PRAVEEN S., S/O. P. SANTHOSH, AGED ABOUT 47 YEARS, FLAT NO.202, SECOND FLOOR, ASHRAYA MANSION, SEC-A RAMAIYA REEDY COLONY, NEAR TATA SHERWOOD, BASAVANAGAR MAIN ROAD BANGALORE - 560 037. 7. MR. PRAVEEN KUMAR S/O. SHANKAR RAO, AGED ABOUT 46 YEARS, 8. MRS. SHARANYA P.RAO W/O PRAVEEN KUMAR AGED ABOUT 42 YEARS, BOTH ARE RESIDING AT - 3 - HC-KAR NC: 2025:KHC:30579 WP No. 14270 of 2025 FLAT NO.401, 4TH FLOOR ASHRAYA MANSION, SEC-A RAMAIYA REEDY COLONY, NEAR TATA SHERWOOD, BASAVANAGAR MAIN ROAD BANGALORE - 560 037 PRESENTLY RESIDING AT 8A, KUSH APARTMENTS, MATHURA DAS ROAD, UPANGA DAR ES SALAM TANZANIA PETITIONERS NOS.2 TO 8 ARE REPRESENTED BY PLAINTIFF NO.1 GPA HOLDER MR. ARIF JAMEEL S/O SRI JAMEEL AHMED FLAT NO.101, 1ST FLOOR ASHRAYA MANSION, SEC-A RAMAIYA REEDY COLONY, NEAR TATA SHERWOOD, BASAVANAGAR MAIN ROAD BANGALORE - 560 037. …PETITIONERS (BY SMT. D.K. SANDARSHINI, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA, BENGALURU-560 001. 2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BANGALORE-560 002. - 4 - HC-KAR NC: 2025:KHC:30579 WP No. 14270 of 2025 3. THE JOINT COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE MAHADEVAPURA ZONE, BANGALORE-560 016. 4. THE EXECUTIVE ENGINEER BRUHATH BANGALORE MAHANAGARA PALIKE, MAHADEVAPURA SUB ZONE, VIBHUTHIPURA VILLAGE, VIGYNANAGAR, WARD NO.81 BANGALORE-560 016. 5. THE CHIEF ENGINEER (STORM WATER DRAIN) BRUHATH BANGALORE MAHANAGARA PALIKE, 9TH FLOOR, JAYANAGAR SHOPPING COMPLEX, 4TH T BLOCK EAST, JAYANAGAR, BENGALURU, KARNATAKA - 560 011. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R.1; SRI. N.R. JAGADEESWARA, ADVOCATE FOR R.2 TO R.5.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS NOT TO DRAW THE RAJAKALUVE IN THE MIDDLE OF RAMAIAH REDDY COLONY BY DEMOLISHING THE EXISTING/PORTION OF THE APARTMENT BUILDING OWNED BY THE PETITIONERS HEREIN AND OTHER PEOPLE OF THE LOCALITY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 5 - HC-KAR NC: 2025:KHC:30579 WP No. 14270 of 2025 ORAL ORDER 1. The case of the petitioners is that they are absolute owners of the apartments called "Ashraya Mansions Apartment" having CMC Katha No.109, present Self Assessment Katha No.1330, situated at Vibhuthipura Village, K.R.Puram Hobli, earlier Bangalore South Taluk, presently Bangalore East Taluk. It is contended that the respondents are trying to initiate action against the petitioners without following due process of law in respect of their property and in fact, the officers of Bruhat Bengaluru Mahanagara Palike are trying to demolish the same. On the said grounds, the following reliefs are prayed: "a. Issue Writ of Mandamus by directing the Respondents not to draw the Rajakaluve in the middle of Ramaiah Reddy Colony by demolishing the existing/portion of the Apartment building owned by the Petitioners herein and other people of the locality. b. Issue a Writ of Mandamus by directing the Respondent to clear the encroachment made on the - 6 - HC-KAR NC: 2025:KHC:30579 WP No. 14270 of 2025 existing Rajakaluve at the cost of the encroachments. c. Grant such other reliefs that this Hon'ble Court deems fit to be grant in the facts and circumstances of the case, in the interest of Justice and Equity." 2. Per contra, learned counsel for respondent Nos.2 to 5 submits that no action will be initiated against the petitioners without following the due process of law. 3. Recording the submission of the learned counsel for respondent Nos.2 to 5, respondent Nos.2 to 5 are hereby directed to proceed against the petitioners only in the manner known to law and not otherwise. 4. The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 2 Sl No.: 14