MR. SHABBIR HUSSAIN KHAN v. THE STATE OF KARNATAKA
WP/8804/2024 · 2026-02-21
C M Poonacha
body2026
DailyLaw.ai
[ 2026 DAILYLAW 10260 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 10260 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:10833-DB WP No. 8804 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 8804 OF 2024 (LB-RES) BETWEEN:
1. MR. SHABBIR HUSSAIN KHAN SON OF MR B ABDUL AHAMED KHAN AGED ABOUT 42 YEARS MINERVA FOUNDATION DOOR NO. 12, 3RD FLOOR NEELA YOGANANDA JHANSI, RAGHU PREM KUMAR APARTMENT OPPOSITE AI-BUROOJ SCHOOL, 4TH 'B' CROSS, KHB COLONY MAIN ROAD BENGALURU 560 032. …PETITIONER (BY SRI HANEEF M H., ADVOCATE) AND:
1. THE STATE OF KARNATAKA VIDHANA SOUDHA AMBEDKAR BEEDI BENGALURU - 560 001 REPRESENTED BY ITS CHIEF SECRETARY
2. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT VIKASA SOUDHA AMBEDKAR BEEDI
Digitally signed by SRIDEVI S Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:10833-DB WP No. 8804 of 2024
BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY
3. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, AMBEDKAR BEEDI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY
4. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER OPPOSITE RAILWAY STATION BALLARI DISTRICT, BALLARI - 583 101
5. THE COMMISSIONER OFFICE OF THE BALLARI CITY CORPORATION BSNL COLONY, COWL BAZAAR 243, BENGALURU ROAD, COWL BAZAAR BALLARI, DISTRICT, BALLARI - 583 101
6. THE ZONAL COMMISSIONER OFFICE OF THE BALLARI CITY CORPORATION ZONE - 2, COWL BAZAAR BALLARI DISTRICT, BALLARI - 583 101
7. THE ASSISTANT DIRECTOR OF LAND RECORDS OFFICE OF THE ASSISTANT DIRECTOR OF LAND RECORDS, CITY SURVEY, BALLARI JONNAGADLA COMPOUND NEW BUS STAND ROAD, BSNL COLONY COWL BAZAAR, BALLARI DISTRICT. BALLARI - 583 101 …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA FOR R-1 TO R-4 AND R-7; SMT.
CHAITRA P. ADVOCATE FOR SRI V.R. SARATHY, ADVOCATE FOR R-5 & R-6)
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HC-KAR NC: 2026:KHC:10833-DB WP No. 8804 of 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION TO THE RESPONDENTS AUTHORITIES TO REMOVE THE ENCROACHMENT MADE BY THE ENCROACHER ALL ALONG THE EITHER SIDE OF THE ROAD FROM GANGAPPA GIN TOWARDS MILL ROAD CROSS AND ANOTHER ENCROACHMENT IS FROM MILL ROAD TOWARDS ANDRAL CIRCLE BOTH THE ENCROACHMENT ARE TOOK PLACE AT CTS WARD No-9 (BLOCK-9) AND CTS WARD No-14 (BLOCK-4, 1 AND 2) BALLARI OVER THE GOVERNMENT PROPERTY VIDE ANNEXURE-A AND B RESPECTIVELY AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The petitioner has filed the present petition, inter alia, praying that directions be issued to the respondents to remove the encroachment, along the either side of the road from Mill Road cross towards Andral Circle in Ward No. 9 and Ward No.14, within the jurisdiction of the Mahanagara Palike, Ballari. - 4 -
HC-KAR NC: 2026:KHC:10833-DB WP No. 8804 of 2024
2. The respondent Nos.5 and 6 have filed statement of objections stating that they have already taken steps in marking of the site and the General Body has passed a resolution dated 19.10.2024 for removal of encroachment. It is stated that based on the resources available, the respondent - Corporation will implement the said directions, including further extension or widening of the road, as well as removal of the encroachment. 3. In view of the above, no further orders are required to be passed in this petition. The petition is disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
SD List No.: 1 Sl No.: 7