- 1 - HC-KAR NC: 2026:KHC:23346-DB WP No. 11728 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT PETITION NO. 11728 OF 2024 (KLGP) BETWEEN: 1. M/S RASHI DEVELOPERS REGISTERED PARTNERSHIP FIRM OFFICE AT NO.C-205, 2ND FLOOR HOUSE OF LORDS, ST. MARKS ROAD BANGALORE-560 001 REP. BY ITS PARTNERS SHIVAKUMAR C UDASI S/O CHANNABASAPPA M UDASI AGED ABOUT 55 YEARS. 2. S RAMANA PRASAD REDDY S/O G SRINIVAS REDDY AGED ABOUT 63 YEARS MANAGING PARTNER M/S RASHI DEVELOPERS OFFICE AT NO.C-205, 2ND FLOOR HOUSE OF LORDS, ST. MARKS ROAD BANGALORE-560 001 REPRESENTED BY ITS GPA HOLDER SMT. JEEVITHA R REDDY D/O S RAMANNA PRASAD REDDY AGED ABOUT 36 YEARS. 3. SHIVAKUAMR C UDASI S/O CHANNABASAPPA M UDASI PARTNER M/S RASHI DEVELOPERS OFFICE AT NO.C-205, 2ND FLOOR HOUSE OF LORDS, ST. MARKS ROAD BANGALORE-560 001. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:23346-DB WP No. 11728 of 2024 4. SRI S SURESH S/O LATE HANUMANTHAIAH AGED ABOUT 47 YEARS R/AT CHANNENAHALLI VILLAGE THAVEREKERE HOBLI KADUBAGERE POST BANGALORE SOUTH TALUK BANGALORE URBAN-562 130. 5. RAMESH @ RAMANI S/O VENKATA HANUMAIAH AGED ABOUT 45 YEARS R/AT CHANNENAHALLI VILLAGE THAVEREKERE HOBLI KADUBAGERE POST BANGALORE SOUTH TALUK BANGALORE URBAN-562 130. 6. MADHAN MOHAN REDDY S/O K V RANGANATH REDDY AGED ABOUT 52 YEARS, R/AT NO.116, KHB COLONY KORAMANGALA BANGALORE-560 095. …PETITIONERS (BY SRI. UDAYA HOLLA, SENIOR ADVOCATE FOR SRI. SANDEEP LAHIRI., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY SPECIAL PUBLIC PROSECUTOR ATTACHED TO SPECIAL COURT FOR LAND GRABBING PROHIBITION IN KARNATAKA 3RD FLOOR, KANDAYA BHAVAN KG ROAD, BANGALORE-560 010. 2. H LINGAPPA S/O LATE HONNAPPA AGED ABOUT 74 YEARS R/AT NO.108 HONNAGANAHATTI VILLAGE THAVEREKERE HOBLI - 3 - HC-KAR NC: 2026:KHC:23346-DB WP No. 11728 of 2024 BANGALORE SOUTH TALUK BANGALORE-562 130. 3. THE TAHSILDAR BANGALORE SOUTH TALUK KANDAYA BHAVAN, GROUND FLOOR KG ROAD, BANGALORE-560 009. …RESPONDENTS (BY SRI. G.S ARUNA, HCGP FOR R1 AND R3; SRI. P.M SIDDAMALLAPPA., ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT ORDER OR DIRECTION IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION TO QUASH THE ORDER OF TAKING COGNIZANCE DATED 09.01.2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 4(3) OF THE KARNATAKA LAND GRABBING PROHIBITION ACT 2011, AGAINST THE PETITIONERS, PASSED IN L.G.C(P) No.1/2022 PENDING ON THE FILE OF THE KLGP SPECIAL COURT AT BANGALORE (ANNEXURE-A1) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING in 'B' Group, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The present writ petition has been filed impugning the order dated 09.01.2024 passed by the L.G.C.(P) No.1/2022 by the Court of Karnataka Land Grabbing Prohibition Special Court at Bangalore. - 4 - HC-KAR NC: 2026:KHC:23346-DB WP No. 11728 of 2024 2. The allegations against the petitioners are that the petitioners have encroached upon the water channel and have constructed the bridge/ culvert by putting Hume pipe underneath. On 30.03.2023, the counsels representing the parties before the Karnataka Land Grabbing Prohibition Special Court had agreed to maintain the status quo in respect of the suit property. But despite the status quo, the petitioner/vendor had executed the sale deed on 25.05.2023 in favour of one Sri.M.B. Sunil Kumar Singh, in respect of Site No.161 Khata No.462 of Honniganahatti Village, Tavarekere Hobli, Bangalore South Taluk. The land of water channel is B Kharab land that is a Government land and if there is encroachment of B Kharab land, the Tribunal has opined that there would be chances of the petitioner further encroaching upon the Government land. Therefore, the application filed under Order XXXIX Rule 1 and 2 read with Section 151 of Code of Civil Procedure read with section 21 of the Karnataka Land Grabbing Prohibition Act, 2011, has been allowed and the petitioners have been injuncted/restrained from alienating - 5 - HC-KAR NC: 2026:KHC:23346-DB WP No. 11728 of 2024 or creating any encumbrance in respect of the following properties: (a) "Sy. No. 19 of Honniganahatti village to an extent of 09 guntas of B kharab land (b) Sy. No. 27/1 of Honniganahatti village to an extent of 03 guntas of B kharab land (c) Sy. No. 27/2 of Honniganahatti village to an extent of 04 guntas of B kharab land ` (d) Sy. No. 30/16 of Honniganahatti village to an extent of 12 guntas of B kharab land (e) Sy.No.33 of Honniganahatti Village to an extent of 0.03 guntas of A kharab land." 3. We have been taken through the photographs of the sites, which would suggest that the water channel is sought to be diverted by the petitioners and they have put a culvert by putting the hume pipe underneath. 4. No permission by the competent authority has been brought on record to divert the water channel. We therefore, do not find that the impugned order requires an interference by this Court. The petitioners are entitled to take their defence as may be available to them during - 6 - HC-KAR NC: 2026:KHC:23346-DB WP No. 11728 of 2024 trial. This order is passed without prejudice to their right for defence during the course of Trial. Accordingly, the appeal is dismissed. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE PK List No.: 1 Sl No.: 16