- 1 - HC-KAR NC: 2026:KHC:24814-DB WA No. 1430 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MAY, 2026 PRESENT THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ AND THE HON'BLE DR. JUSTICE K.MANMADHA RAO WRIT APPEAL NO. 1430 OF 2026 (LB-RES) BETWEEN: SRI.SHIVANNA SON OF KARIYAPPA AGED ABOUT 48 YEARS SESHAGIRAHALLI VILLAGE BIDADIHOBLI, RAMANAGARA TALUK BANGALORE SOUTH -562109 …APPELLANT (BY SRI. R. SUBRAMANYA., ADVOCATE FOR SRI. AKKIMANJUNATH GOWDA K..,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, BANGALORE 560 001 2. THE MEMBER SECRETARY BMICAPA, NO:5, SECOND FLOOR, LOOP LANE, RACE COURSE ROAD BANGALORE - 560 009 3. THE DIRECTOR OF TOWN AND COUNTRY PLANNING BMICAPA, NO:5, SECOND FLOOR, Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:24814-DB WA No. 1430 of 2026 LOOP LANE, RACE COURSE ROAD BANGALORE - 560 009 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR., AGA FOR R1; SRI. YOGESH D. NAIK., ADVOCATE FOR R2 & R3) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO CALL FOR THE CONCERNED RECORDS IN WP No. 9988/2026 AND ALLOW THE PRESENT WRIT APPEAL BY SETTING ASIDE THE JUDGMENT DATED 22.04.2026 PASSED IN WP No. 9988/2026, AND CONSEQUENTLY ALLOW THE WRIT PETITION FILED BY THE APPELLANT IN WP No. 9988/2026, IN THE INTEREST OF JUSTICE AND EQUITY. THIS WRIT APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ and HON'BLE DR. JUSTICE K.MANMADHA RAO ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent No.1. 2. Sri Yogesh D. Naik, learned counsel is directed to accept notice for respondent Nos.2 and 3. 3. The Appellant is before this Court seeking for the following relief: Call for the concerned records in W.P.No.9988/2026 and allow the present Writ Appeal by setting aside the Judgment dated 22.04.2026 passed in W.P.No.9988/2026, and consequently allow the Writ Petition filed by the appellant in W.P.No.9988/2026, in the interest of justice and equity. - 3 - HC-KAR NC: 2026:KHC:24814-DB WA No. 1430 of 2026 4. This intra-Court Appeal is filed challenging the order dated 22.04.2026 passed by learned Single Judge in W.P.No.9988/2026. 5. The submission of learned counsel for the appellant is that the appellant has a right over the lands covered under Sy.No.7/4 measuring 36 guntas, Sy.No.5/10 measuring 13 guntas and Sy.No.5/12 measruing 6 guntas, which is the subject matter of the approval of the residential layout plan vide order dated 20.01.2003. 6. His submission is that under the said approval, the layout had to be formed within a period of two years. The layout not having been formed, the erstwhile owners have sold the aforesaid properties to the petitioner. As such, the petitioner has locus in respect of the said properties being the owner of the said lands. - 4 - HC-KAR NC: 2026:KHC:24814-DB WA No. 1430 of 2026 7. The so called locus of the appellant being established on that basis, it also had to be ascertained as to whether the mandamus could be issued for the mere asking merely because the petitioner/appellant is owner of the property. The representation which was sought to be considered is as regards non-formation of the layout as per the sanction dated 02.10.2000 and on 20.01.2003. 8. The petitioner being a purchaser from the previous owners, has sought to, in our considered opinion, try to agitate a civil dispute in respect of the said lands by invoking the writ jurisdiction. There is required to be vested right in the petitioner to seek for consideration his representation without the said vested right, no writ of mandamus can be granted by this Court, which we find does not exist. 9. In that view of the matter, we do not find any infirmities in the order passed by the learned Single - 5 - HC-KAR NC: 2026:KHC:24814-DB WA No. 1430 of 2026 Judge, liberty is, however, reserved to the petitioner to approach the appropriate forum. Sd/- (SURAJ GOVINDARAJ) JUDGE Sd/- (DR.K.MANMADHA RAO) JUDGE KTY List No.: 1 Sl No.: 49