- 1 - HC-KAR NC: 2025:KHC:31765 WP No. 24790 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 24790 OF 2025 (GM-RES) BETWEEN: 1. MUZAMMIL MULLA S/O MOHSIN MULLA AGE 38 YEARS FLAT NO.13233, PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073 2. SYED SADIQ S/O SYED SULTAN AGE 39 YEARS FLAT NO 26016 PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE 560073 3. SHAFEEQ AHMED SIDDIQUI H AGED ABOUT 52 YEARS S/O MR.MOHAMMAD SIDDIQH H RESIDING AT FLAT NO. 32018, PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073. 4. MRS KHYATI SHAH W/O MOHAMMED FAHAD MEHDI AGED 42 YEARS FLAT NO.331710, Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:31765 WP No. 24790 of 2025 PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073 5. FARHAD HUSSAIN S YARAGATTI S/O SAIFODDIN F YARAGATTI AGE 32, FLAT NO. 31026 PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073 6. PRASANNA KUMAR PICHAMUTHU S/O W.D PICHAMUTHU AGE 79 YEARS FLAT NO.32017 PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073 7. WILLIAM ANTONY RAJ S/O S M JOSEPH AGE 48 YEARS FLAT NO.32097 PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073 8. CHRISTOPHER JOHN S/O M JOHN THOMAS AGE 53 YEARS FLAT NO.32091 PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073 - 3 - HC-KAR NC: 2025:KHC:31765 WP No. 24790 of 2025 9. BLESSY VALENTINA D/O MATHIVANAN INBARAJ AGE 34 YEARS FLAT NO.26068 PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073 10. MAHAMMED NURJAHN N M S/O MOHAMMED SABJAN AGE 40 YEARS FLAT NO.13165 PRESTIGE JINDAL CITY MANJUNATHA NAGAR BANGALORE-560073 …PETITIONERS (BY SRI. MAHAMMED AKRAM, ADVOCATE FOR SRI. RAHAMATHULLA KOTHWAL., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS CHIEF SECRETARY VIDHANA SOUDHA 3RD FLOOR, M.S BUILDING AMBEDKAR VEEDHI BENGALURU-560001. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE 5TH FLOOR, M.S BUILDING AMBEDKAR VEEDHI BENGALURU-560001. 3. PRESTIGE JINDAL CITY APARTMENT OWNERS ASSOCIATION - 4 - HC-KAR NC: 2025:KHC:31765 WP No. 24790 of 2025 REPRESENTED BY ITS PRESIDENT OFFICE AT PRESTIGE JINDAL CITY, TUMKUR MAIN ROAD CHIKKABIDARAKALLU VILLAGE DASANAPURA HOBLI, NELMANGLA TALUK BANGALORE-560073. 4. M/S PRESTIGE SOUTH CITY HOLDINGS A PARTNERSHIP FIRM ACTING THROUGH MANAGING PARTNER M/S PRESTIGE ESTATES PROJECTS LTD. REPRESENTED BY ITS DIRECTOR/AUTHORIZED SIGNATORY OFFICE AT THE FALCON HOUSE NO.1, MAIN GUARD CROSS ROAD BANGALORE-560001. 5. PRESTIGE JINDAL ALUMINIUM LIMITED REP BY ITS MANAGING DIRECTOR OFFICE AT JINDAL NAGAR, TUMKUR ROAD BANGALORE-560073. …RESPONDENTS (BY SRI. SHAMANTH NAIK, LEARNED HIGH COURT GOVERNMENT PLEADER FOR R1 AND R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 09.07.2025, 03.06.2025 AND 30.05.2025 AND RESTRICT ANY KIND OF UNILATERAL RELIGIOUS ACTIVITY IN THE SAID PREMISES VIDE ANNEXURES-A, A1, A2, A3 AND A4; DIRECT THE RESPONDENT - 5 - HC-KAR NC: 2025:KHC:31765 WP No. 24790 of 2025 AUTHORITIES TO TAKE APPROPRIATE STEPS TO ENSURE PEACEFUL CO-EXISTENCE IN THE PRESTIGE JINDAL CITY APARTMENT BY ALLOWING EACH AND EVERY INDIVIDUAL FROM EVERY COMMUNITY TO ENJOY THE TREE PARK PREMISES. AND RESTRICT ANY KIND OF CONSTRUCTION IN THE SAID PREMISES. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners are the owners of certain apartments in a larger development and they are aggrieved because of a particular use of 16 guntas of land [which they describe as B kharab]. Mr. Mohammed Akram, the learned counsel, who appears for the petitioners, and Mr. Shamanth Naik, the learned High Court Government Pleader, who is called upon to accept notice for the first and second respondents, are heard on whether there must be interference by this Court in these proceedings. - 6 - HC-KAR NC: 2025:KHC:31765 WP No. 24790 of 2025 This Court must observe that the petitioners, though assert that the 16 guntas of land is part of sanction and that the terms of the sanction/licence ensure that this property is used by all as a Community, have not arrayed the Authority that has sanctioned the plan for the development and the petitioners want the Chief Secretary with the Government of Karnataka and the Principal Secretary, Revenue Department, to answer on why this Court must not restrain the other respondents from using the property in a particular manner with just directions to them to ensure that the property is used in that particular manner. This Court opines that if the petitioners can sustain a cause, it will be imperative for them to mention (i) the details of the sanction, (ii) the Authority that has granted the sanction, and (iii) the use that is contrary to the sanction; and that unless - 7 - HC-KAR NC: 2025:KHC:31765 WP No. 24790 of 2025 these details are brought forth, there will be no for this Court's interference. As such, the writ petition, subject to all just exceptions, stands disposed of. Sd/- (B M SHYAM PRASAD) JUDGE RB