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2026 DAILYLAW 18549 (KAR)

NAGARJUNA GREEN RIDGE APARTMENT OWNERS ASSOCIATION (NGRAOA) v. P AMJED KHAN,

WA/1214/2026 · 2026-06-02

D K Singh, T M Nadaf

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:25651-DB WA No. 1214 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1214 OF 2026 (LB-BMP) BETWEEN: NAGARJUNA GREEN RIDGE APARTMENT OWNERS ASSOCIATION (NGRAOA), AN ASSOCIATION CONSTITUTED UNDER KARNATAKA APARTMENT OWNERSHIP ACT, 1972 REPRESENTED BY ITS AUTHORIZED SIGNATORY MR. SHANTANU PANDEY HAVING ITS OFFICE AT 15/2, 19TH MAIN, 27TH CROSS, SECTOR 2, HSR LAYOUT, BENGALURU - 560 102. …APPELLANT (BY SRI. KARTIKEYA KHANNA., ADVOCATE) AND: 1. P. AMJED KHAN, S/O P NAZEER KHAN, AGED ABOUT 32 YEARS, R/A MO. 3, 2ND CROSS, 24TH MAIN, HAMILTON BAILEY HOSPITAL, BANGALORE - 560 102. 2. DALIT BABU, SECRETARY S.C. JANA SANGHA (R) BANGALORE - 560 076. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:25651-DB WA No. 1214 of 2026 3. THE CHIEF COMMISSIONER, GREATER BENGALURU AUTHORITY (EARLIER KNOWN AS BBMP) HAVING OFFICE AT N.R. SQUARE, BENGALURU - 560 001. 4. THE COMMISSIONER, BENGALURU SOUTH CITY CORPORATION, GREATER BENGALURU AUTHORITY, BEGUR ROAD, BOMMANAHALLI, BANGALORE - 560 068. 5. THE ASSISTANT EXECUTIVE ENGINEER, BOMMANAHALLI ZONE, HSR SUB-DIVISION, BENGALURU SOUTH CITY CORPORATION, GREATER BENGALURU AUTHORITY, COMMERCIAL COMPLEX, HSR LAYOUT, BANGALORE - 560 102. 6. THE ASSISTANT DIRECTOR OF TOWN PLANNING, BOMMANAHALLI ZONE, BENGALURU SOUTH CITY CORPORATION, GREATER BANGALORE AUTHORITY, BEGUR ROAD, BOMMANAHALLI, BENGALURU - 560 068. 7. KARNATAKA STATE POLLUTION CONTROL BOARD REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AT PARISARA BHAVANA NO. 49, CHURCH STREET, BENGALURU - 560 001. 8. BANGALORE WATER SUPPLY AND SEWERAGE BOARD REPRESENTED BY ITS CHAIRMAN HAVING ITS OFFICE AT 1ST FLOOR, CAUVERY BHAVAN, KEMPEGOWDA ROAD, BENGALURU - 560 009. …RESPONDENTS - 3 - HC-KAR NC: 2026:KHC:25651-DB WA No. 1214 of 2026 THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE APPEAL SET ASIDE THE ORDER DATED 31.01.2026 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No. 38578/2025 (LB-BMP), CONSEQUENTLY, DISMISS W. P. No. 38578/2025 AS NOT MAINTAINABLE AND ETC., THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment and order dated 31.01.2026 passed by the learned Single Judge in W.P.No.38578/2025. The writ petition was filed by respondent Nos.1 and 2 herein with the following prayer: "i. Issue a writ in the nature of Mandamus directing the Respondent No.1 to 4 to consider the representation dated 28.10.2025 at Annexure-D. ii. Direct the Respondent No.1 to 4 to demolish the illegal and unauthorized construction put up by Respondent No.7 in accordance with Greater - 4 - HC-KAR NC: 2026:KHC:25651-DB WA No. 1214 of 2026 Bengaluru Governance Act, 2025 in pursuant to complaint dated 28.10.2025 at Annexure-D. iii. Direct the Respondent No.1 to 4 to estop the Respondent No.7 from carrying commercial activity in violation of Greater Bengaluru Governance Act, 2024 in pursuant to complaint dated 28.10.2025 at Annexure-D. iv. Direct the Respondent No.5 to take action against the Respondent No.7 in accordance with Water (Prevention and Control of Pollution) Act, 1974 in pursuant to complaint dated 28.10.2025 at Annexure-D. v. Pass any other order/s as this Hon'ble Court deems fit under the facts and circumstances of the case." 2. Learned counsel for appellants made submission before the Writ Court that if any action is taken in accordance with law, respondent No.7 would answer the same to the authorities concerned. In view of the aforesaid, writ petition has been disposed of. 3. We find no ground to interfere with the said order passed by the learned Single Judge in the writ petition. We therefore, dismiss the writ appeal. - 5 - HC-KAR NC: 2026:KHC:25651-DB WA No. 1214 of 2026 In view of dismissal of the writ appeal, pending application/s if any does not survive for consideration and the same is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 9 ct-vn