- 1 - HC-KAR NC: 2026:KHC:15012 WP No. 3266 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.3266 OF 2019 (LB-BMP) BETWEEN: 1. SRI. PRAMOD CHANDRA S/O C.S. GOPALAKRISHNA AGED ABOUT 29 YEARS R/AT NO.254, FIRST FLOOR CHICKPET CIRCLE BENGALURU-560 004. …PETITIONER (BY SRI. M. VEERABHADRAIAH, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU-560 002. 2. THE ASSISTANT EXECUTIVE ENGINEER CHAMARAJPET SUB-DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE J.C. ROAD BENGALURU-560 002. 3. SRI MOHAMMED ASHFAQ HUSSAIN S/O GHULAM MOHAMMED HUSSAIN AGED ABOUT 55 YEARS R/AT NO.226/T-8, NAWAB HYDER ALI KHAN ROAD NEAR KALASIPALYA BUS STAND Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15012 WP No. 3266 of 2019 KALASIPALYA BENGALURU-560 002. 4. SRI MOHAMMED AYAZ HUSSAIN S/O GHULAM MOHAMMED HUSSAIN AGED ABOUT 52 YEARS R/AT NO.226/T-8, NAWAB HYDER ALI KHAN ROAD NEAR KALASIPALYA BUS STAND KALASIPALYA BENGALURU-560 002. …RESPONDENTS (BY SRI. S.N. PRASHANTH CHANDRA, ADVOCATE FOR R.1 AND R.2; R.3 AND R.4 ARE SERVED.) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS FROM RESPONDENT NO.2 AUTHORITY IN RELATED TO THE IMPUGNED COMMUNICATION DATED -NIL-VIDE NO.¸À.PÁ.C/ZÁ.¥ÉÃ/¦.Dgï/128/18-19 AS PER ANNEXURE-H, AND QUASH THE IMPUGNED COMMUNICATION DATED -NIL-VIDE NO.¸À.PÁ.C/ZÁ.¥ÉÃ/¦.Dgï/128/18-19 AS PER ANNEUXRE-H ISSUED BY RESPONDENT NO.2 AUTHORITY, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH PHYSICAL HEARING/VIDEO CONFERENCING , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:15012 WP No. 3266 of 2019 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. On the allegation that the petitioner has encroached upon a neighbouring plot and has put up a temporary structure, the impugned notice at Annexure-H to the writ petition under Section 308 of the Karnataka Municipal Corporations Act, 1976 was issued by respondent No.2 to the petitioner. The petitioner sent a detailed reply vide Annexure-J to the writ petition dated 18.01.2019 to respondent No.2. As the same was not considered, the present petition is filed with a prayer to set aside the said notice issued under Section 308 of the KMC Act. 2. The case of the petitioner is that he has not encroached upon any neighbour's property. It is further submitted that, in any event, the aggrieved person should approach the Civil Court and he cannot make a complaint to Bruhat Bengaluru Mahanagara Palike, now Greater Bengaluru Authority ('GBA' for short). It is also submitted that GBA cannot act like a Civil Court and demand the petitioner to produce the documents pertaining to his property or the adjoining property, as mandated in the impugned notice. - 4 - HC-KAR NC: 2026:KHC:15012 WP No. 3266 of 2019 3. However, during the course of this proceedings, the Officers of GBA have visited the place of the petitioner, conducted a spot inspection and have submitted a report dated 16.02.2026 wherein they have stated that there are no encroachments made by the petitioner as alleged. Thus, under the circumstances, the impugned notice/communication at Annexure-H to the writ petition requires to be quashed. 4. Hence, the following: ORDER The impugned notice/communication at Annexure-H to the writ petition dated Nil issued by respondent No.2 is quashed. The writ petition stands disposed of accordingly. Sd/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 46