- 1 - HC-KAR NC: 2026:KHC:18746 WP No. 11666 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.11666 OF 2025 (CS-RES) BETWEEN: 1. SMT. SANDHYA MUKUND W/O. SRI. S. MUKUNDA AGED ABOUT 70 YEARS RESIDING AT FLAT NO.003, TALLAM SUDDHA RESIDENCY, 14TH 'A' MAIN, 6TH CROSS, N.S. PALYA, BTM 2ND STAGE, BENGALURU -560 076. …PETITIONER (BY SRI. NAGARAJA S., ADVOCATE) AND: 1. THE BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU -560 020 REP. BY ITS COMMISSIONER. 2. VISHWABHARATI HOUSE BUILDING CO-OPERATIVE SOCIETY LTD., NO.35, RATHNA VILASA ROAD, BASAVANAGUDI, BENGALURU -560 004 REP. BY ITS SECRETARY Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18746 WP No. 11666 of 2025 REG. UNDER CO-OPERATIVE SOCIETIES ACT. …RESPONDENTS (BY SRI. K KRISHNA, ADVOCATE FOR R1; SRI. B.L. SANJEEV, ADVOCATE FOR R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS NO.1 AND 2 TO PUT THE PETITIONER ON POSSESSION OF HER SITE BEARING OLD SITE NO.371, NEW NO.257/I, FORMED BY THE VISHWABHARATI HOUSE BUILDING CO-OPERATION SOCIETY LTD., SITUATED AT VISHWABHARATI HOUSING COMPLEX LAYOUT 4TH PHASE , GIRINAGAR, HOSAKEREHALLI, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, MEASURING EAST TO WEST 60 FT., AND NORTH TO SOUTH 40 FT., BY EVICTING THE UNAUTHORIZED OCCUPANT/ENCROACHER FROM THE SAID SITE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2026:KHC:18746 WP No. 11666 of 2025 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, the petitioner has sought for a writ of mandamus directing respondent Nos. 1 and 2 to put the petitioner in possession of her site in respect of the schedule property mentioned in the writ petition. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, it is evident that disputed questions of facts are involved in this writ petition. In such circumstances, this Court, in exercise of its jurisdiction under Article 226 of the Constitution of India, would not adjudicate upon such disputed facts. 4. If the petitioner has any grievance against the respondent-Society, it is open for the petitioner to - 4 - HC-KAR NC: 2026:KHC:18746 WP No. 11666 of 2025 approach the competent authority under the provisions of the Karnataka Co-operative Societies Act, 1959. Accordingly, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 2 Sl No.: 0