- 1 - HC-KAR NC: 2026:KHC:13579 WP No. 11592 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.11592 OF 2024 (LB-RES) BETWEEN: 1. BANGALORE BIOTECH LABS PVT. LTD. A COMPANY REGISTERED UNDER COMPANIES ACT, 1956 HAVING OFFICE AT NO.49/2, GUBBI CROSS, HENNUR BAGLUR ROAD, KOTHANUR, BENGALURU - 560 077 REPRESENTED BY ITS AUTHORISED SIGNATORY KRISHNAMURTHY S. …PETITIONER (BY MS. HEMAVATHI, ADVOCATE OF SPECTRUM LEGAL) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, VIDHANA VEEDHI, BANGALORE - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, BRUHATH BENGALURU Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13579 WP No. 11592 of 2024 MAHANAGARA PALIKE (BBMP) N.R. SQUARE, BENGALURU - 560 001. 3. THE JOINT COMMISSIONER (DPP) MAHADEVAPURA ZONE, BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) BENGALURU - 560 036. 4. THE EXECUTIVE ENGINEER, K R PURAM, MAHADEVAPURA DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) BENGALURU - 560 036. 5. ASSISTANT EXECUTIVE ENGINEER, HORAMAVU SUB DIVISION, MAHADEVAPURA DIVISION, BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) BENGALURU - 560 036. 6. PUBLIC RELATIONS OFFICER, BBMP MAIN OFFICE, N R SQUARE, BENGALURU - 560 001. 7. MR. HABEEB, AGED ABOUT 39 YEARS, S/O ABDUL AZEEZ RESIDING AT 19/2, 1ST CROSS SEPPINGS ROAD, SHIVAJINAGAR, BANGALORE - 560 001. 8. MRS. SEEMA AGED ABOUT 36 YEARS, - 3 - HC-KAR NC: 2026:KHC:13579 WP No. 11592 of 2024 W/O MR. HABEEB RESIDING AT 19/2, 1ST CROSS SEPPINGS ROAD, SHIVAJINAGAR, BANGALORE - 560 001. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA FOR R.1; SRI N.R. JAGADEESHWARA, ADVOCATE FOR R.2 TO R.6; SRI RAVINDRANATH K., ADVOCATE FOR R.7 AND R.8.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.2 TO 5 TO CONSIDER THE REPRESENTATION DATED 20.03.2024 (ANNEXURE-G) TO THE PRESENT WRIT PETITION IN ACCORDANCE WITH LAW AND EXPEDITIOUSLY, ETC. THIS PETITION, COMING ON PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 4 - HC-KAR NC: 2026:KHC:13579 WP No. 11592 of 2024 ORAL ORDER 1. The present petition is filed by the petitioner on the allegation that respondent nos.7 and 8 have put up an illegal construction on a storm water drain. The petitioner has prayed for the following reliefs: "A. Issue a writ, order or direction in the nature of mandamus or any other writ directing the Respondent Nos.2 to 5 to consider the Representation dated 20.03.2024 (Annexure G) to the present Writ Petition in accordance with law and expeditiously. B. Issue a writ, order or direction in the nature of mandamus or any other writ directing the Respondent Nos.7 to 8 to demolish the construction put up illegally on the Schedule Property. C. Issue such other Order/s as this Hon'ble Court may deem fit in the facts and circumstances of the case, including an Order as to the costs of the above case; in the interest of justice and equity." 2. Two reports have been produced before this Court. The first report states that respondent Nos.7 and 8 have put up construction on a storm water drain, whereas the other report - 5 - HC-KAR NC: 2026:KHC:13579 WP No. 11592 of 2024 states that the construction has not been made on the storm water drain. 3. This Court in exercise of its powers under Article 226 of the Constitution of India cannot decide disputed question of fact. 4. It is essential that storm water drains should be clear of all construction and no construction on the same should be permitted by the authorities concerned. 5. Under the circumstances, interest of justice would be met if the parties are relegated to appear before respondent no.3 with a direction to respondent no.3 to make the necessary spot inspection, if required and thereafter pass appropriate orders in accordance with law. 6. Hence, the following: ORDER Petitioner and respondent nos.7 and 8 shall appear before respondent no.3 on 24th March 2026 at 3.00 p.m. without any further notice. Respondent no.3, upon verification of the submissions made by the respective parties along with the - 6 - HC-KAR NC: 2026:KHC:13579 WP No. 11592 of 2024 documents produced by them and also after conducting necessary spot inspection, if required, shall pass appropriate orders in accordance with law, within a period of six weeks thereafter. Till a decision is taken by respondent no.3 in this regard, the parties are directed to maintain status quo in respect of the property. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 81