M/S NIRMAN SHELTERS (B) PVT LTD., v. THE PRINCIPAL SECRETARY TO THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ
WA/1498/2025 · 2025-09-10
C M Joshi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 70530 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 70530 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35699-DB WA No. 1498 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 1498 OF 2025 (LB-RES)
BETWEEN:
M/S NIRMAN SHELTERS (B) PVT. LTD., (INCORPORATED UNDER THE COMPANIES ACT, 1956) OFFICE NO.45A-NN NISARGA LAYOUT, NEAR KOPPA GATE BANNERGHATTA ROAD, ANEKAL BENGALURU - 560 083 REP. BY MANAGING DIRECTOR SRI. V LAKSHMINARAYAN
…APPELLANT (BY SRI. D ASWATHAPPA, ADVOCATE)
AND:
1.
THE PRINCIPAL SECRETARY TO THE DEPARTMENT OF RURAL DEVELOPMENT AND PANCHAYAT RAJ STATE OF KARANTAKA, M S BUILDING BENGALURU - 560 001
2.
BENGALURU METROPOLITAN REGION DEVELOPMENT AUTHORITY (BMRDA) OFFICE AT NO.1, ALI ASKAR ROAD BENGALURU - 560 052 REP. BY COMMISSIONER
Digitally signed by AMBIKA H B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35699-DB WA No. 1498 of 2025
3.
THE COMMISSIONER PANCHAYAT RAJ COMMISSIONERATE M S BUILDING, AMBEDKAR ROAD, BENGALURU - 560 001.
4.
THE DIRECTOR (ADMIN-1) PANCHAYAT RAJ COMMISSIONERATE KALIDAS MARG, KEMPEGOWDA ROAD, BENGALURU - 560 001.
5.
THE CHIEF EXECUTIVE OFFICER OFFICE OF DISTRICT PANCHAYAT, S KARIYAPPA ROAD, BANASHANKARI II STAGE, BENGALURU URBAN DISTRICT - 560 070
6.
THE CHIEF EXECUTIVE OFFICER OFFICE OF TALUK PANCHAYAT, ATTIBELE - ANEKAL ROAD, KSRTC COLONY, ANEKAL BENGALURU URBAN DISTRICT - 562107
7.
KALLUBALU GRAM PANCHAYAT JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, BENGALURU - 560105.
REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER
8.
MR. BHARATHRAJ S/O SRI V LAKSHMINARAYAN AGED ABOUT 51 YEARS NO.285, 2ND MAIN ROAD 3RD PHASE, J P NAGAR BENGALURU - 560078 …RESPONDENTS
(BY SRI. K.S. HARISH, GOVT. ADV. FOR R1, R3 AND R4)
WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE JUDGMENT AND
ORDER DATED 22.08.2025 PASSED IN WP No-22275/2024 (LB- RES) BY THE LEARNED SINGLE JUDGE HIGH COURT OF KARNATAKA AT PRINCIPLE BENCH IN ALLOWING THE IA No- 2/2025 FILED BY THE RESPONDENT NO-8 IN THIS APPEAL AND ETC.
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HC-KAR NC: 2025:KHC:35699-DB WA No. 1498 of 2025
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
The appellant has filed the present appeal impugning an order dated 22.08.2025 passed in W.P.No.22275/2024 (LB-Res), whereby the learned Single Judge had allowed an application for impleading filed by respondent No.8 and allowed the impleading applicant - respondent No.8 to be impleaded in the petition. The impugned order indicates that one of the grounds on which respondent No.8 was impleaded was that he was a complainant on the basis of which certain queries to the subject matter of challenge had been initiated.
2. It is the appellant's case that respondent No.8 had not produced any documents to establish that he was a complainant and therefore, the application for impleadment ought to have been rejected.
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HC-KAR NC: 2025:KHC:35699-DB WA No. 1498 of 2025
3. A plain reading of the application filed by respondent No.8 for being impleaded in the writ petition indicates that one of the grounds urged is that, there have been allegations made against respondent No.8 by the appellant in the writ petition.
4. A plain reading of the writ petition indicates that the said contention is correct. According to the petitioner, a person named Sri.Sadananda in collusion with respondent No.8 had stolen relevant papers with regard to the layout made by the petitioner Company. It does appear from the above that one of the defences raised by the petitioner Company for not producing certain documents they being stolen by respondent No.8.
5. In view of the fact that allegations have been made against respondent No.8, we find no infirmity with the decision to implead respondent No.8, as the writ petition clearly indicates that certain allegations have been made against respondent No.8.
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HC-KAR NC: 2025:KHC:35699-DB WA No. 1498 of 2025
6. In view the above, the writ appeal is dismissed.
7. Pending applications, if any, stand disposed of.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C M JOSHI) JUDGE
KG List No.: 1 Sl No.: 27