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2026 DAILYLAW 31103 (KAR)

SMT. SUSHEELA v. THE COMMISSIONER

WP/20867/2026 · 2026-07-17

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 20863 OF 2026 (LB-BMP) C/W WRIT PETITION NO. 20864 OF 2026 (LB-BMP) WRIT PETITION NO. 20866 OF 2026 (LB-BMP) WRIT PETITION NO. 20867 OF 2026 (LB-BMP) WRIT PETITION NO. 20875 OF 2026 (LB-BMP) WRIT PETITION NO. 20876 OF 2026 (LB-BMP) IN WP No. 20863/2026 BETWEEN: SRI. SAMUEL R S/O. MR. RAMESH M., AGED ABOUT 20 YEARS, R/AT. NO.167, 7TH CROSS, 2ND MAIN, VEERABHADRANAGAR, HOSAKEREHALLI, BANGALORE - 560085 …PETITIONER (BY SRI. NAGENDRA KUMAR K., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU CENTRAL CITY CORPORATION KEMPEGOWDA CIVIC HALL, ANNEX-3, KALINGA RAO ROAD, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS SAMPANGIRAM NAGAR, BANGALORE - 560002. 2. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU CENTRAL CITY CORPORATION NO.1, BBMP BUILDING, 3RD CROSS, 5TH MAIN ROAD, RAJAGOPALNAGAR, CHAMRAJPET, BENGALURU - 560008 3. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY, ANNEX 1 AND 2 BUILDING, NARASIMHARAJA CHOWK, HUDSON CIRCLE (CORPORATION CIRCLE), BENGALURU - 560 002 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE BANGALORE METROPOLITAN TASK FORCE, 1ST FLOOR, BBMP HEAD OFFICE AND GOVERNMENT SERVICE, N.R. ROAD, SAMPANGI RAMA NAGAR, BENGALURU - 560027 …RESPONDENTS (BY SRI.K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL FOR SRI. ASHWIN RAJ AND MS. RACHEL RAJ ALICE, ADVOCATE FOR R1 & R2; SRI. ASHWIN GOVINDRAJ AND SRI. B.S. KARTHIKEYAN ADVOCATES FOR R3; SRI. BOPANNA BELLIAPPA, AGA FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION DIRECTING THE RESPONDENTS NOT TO - 3 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS DEMOLISH OR INTERFERE WITH THE PETITIONERS SHOP NO. 30, BELOW THE FLY OVER, MYSORE ROAD, K.R. MARKET, BANGALORE - 560002. IN WP NO. 20864/2026 BETWEEN: SRI. SUDHAKAR M S/O. MR. MARIMUTHU, AGED ABOUT 43 YEARS, R/AT. HOUSE NO.27, 1ST CROSS, 2ND MAIN, BSK 3RD STAGE, VEERABHADRANAGAR, HOSAKEREHALLI, BANGALORE - 560 085 ...PETITIONER (BY SRI. NAGENDRA KUMAR K., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU CENTRAL CITY CORPORATION KEMPEGOWDA CIVIC HALL, ANNEX-3, KALINGA RAO ROAD, SAMPANGIRAM NAGAR, BANGALORE - 560002 2. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU CENTRAL CITY CORPORATION NO.1, BBMP BUILDING, 3RD CROSS, 5TH MAIN ROAD, RAJAGOPALNAGAR, CHAMRAJPET, BENGALURU - 560 008 3. THE CHIEF COMMISSIONER - 4 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS GREATER BENGALURU AUTHORITY, ANNEX 1 AND 2 BUILDING, NARASIMHARAJA CHOWK, HUDSON CIRCLE (CORPORATION CIRCLE), BENGALURU - 560002 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE BANGALORE METROPOLITAN TASK FORCE, 1ST FLOOR, BBMP HEAD OFFICE AND GOVERNMENT SERVICE, N.R. ROAD, SAMPANGI RAMA NAGAR, BENGALURU - 560027 ...RESPONDENTS (BY SRI.K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL FOR SRI. ASHWIN RAJ AND MS. RACHEL RAJ ALICE, ADVOCATE FOR R1 & R2; SRI. ASHWIN GOVINDRAJ AND SRI. B.S. KARTHIKEYAN ADVOCATES FOR R3; SRI. BOPANNA BELLIAPPA, AGA FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA AND PRAYING TOA. ISSUE A WRIT OF MANDAMUSOR ANYOTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO DEMOLISH OR INTERFERE WITH THE PETITIONERS SHOP NO.3, BELOW THE FLY-OVER, MYSORE ROAD, K.R. MARKET, BANGALORE OF JUSTICE AND EQUITY. IN WP NO. 20866/2026 BETWEEN: SMT. K. MANJU W/O. SRI. KUPPAN, AGED ABOUT 41 YEARS, R/AT. HOUSE NO.212, GROUND FLOOR, 6TH CROSS, - 5 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS VEERABHADRANAGAR, BSK 3RD STAGE, HOSAKEREHALLI, BANGALORE - 560085. ...PETITIONER (BY SRI. NAGENDRA KUMAR K., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU CENTRAL CITY CORPORATION KEMPEGOWDA CIVIC HALL, ANNEX-3, KALINGA RAO ROAD, SAMPANGIRAM NAGAR, BANGALORE - 560002 2. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU CENTRAL CITY CORPORATION NO.1, BBMP BUILDING, 3RD CROSS, 5TH MAIN ROAD, RAJAGOPALNAGAR, CHAMRAJPET, BENGALURU - 560 008 3. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY, ANNEX 1 & 2 BUILDING, NARASIMHARAJA CHOWK, HUDSON CIRCLE (CORPORATION CIRCLE), BENGALURU - 560002. 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE BANGALORE METROPOLITAN TASK FORCE, 1ST FLOOR, BBMP HEAD OFFICE AND GOVERNMENT SERVICE, N.R. ROAD, SAMPANGI RAMA NAGAR, BENGALURU - 560027 - 6 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS ...RESPONDENTS (BY SRI.K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL FOR SRI. ASHWIN RAJ AND MS. RACHEL RAJ ALICE, ADVOCATE FOR R1 & R2; SRI. ASHWIN GOVINDRAJ AND SRI. B.S. KARTHIKEYAN ADVOCATES FOR R3; SRI. BOPANNA BELLIAPPA, AGA FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TOISSUE A WRIT OF MANDAMUSOR ANYOTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO DEMOLISH OR INTERFERE WITH THE PETITIONER'S SHOP NO.4, BELOW THE FLY- OVER, MYSORE ROAD, K.R. MARKET, BANGALORE 560002, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 20867/2026 BETWEEN: SMT. SUSHEELA W/O MR SATHYA NARAYANA AGED ABOUT 65 YEARS R/AT NO.41 DISOZA GARDEN NEAR POORNIMA THEATRE J C ROAD, WILSON GARDEN BANGALORE 560027 ...PETITIONER (BY SRI. NAGENDRA KUMAR K.,ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU CENTRAL CITY CORPORATION KEMEPEGOWDA CIVIC HALL ANNEX-3 KALINGA RAO ROAD - 7 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS SAMPANGIRAM NAGARA BANGALORE 560002 2. THE ASSISTANT EXECUTIVE ENGINEER BENGALUTU CENTRAL CITY CORPORATION NO.1 BBMP BUILDING 3RD CROSS 5TH MAIN ROAD RAJAGOPALNAGARA CHAMARJPET, BENGALURU 560008. 3. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHROITY ANNEX1 AND 2 BUILDING NARASIMHARAJA CHOWK HUDSON CIRCLE (CORPORATION CIRCLE) BENGALURU 560002 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE BANGALORE METROPOLITAN TASK FORCE, 1ST FLOOR BBMP HEAD OFFICE AND GORENMENT SERVICE N R ROAD SAMPANGI RAMANAGARA BENGALURU 560027 ...RESPONDENTS (BY SRI.K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL FOR SRI. ASHWIN RAJ AND MS. RACHEL RAJ ALICE, ADVOCATE FOR R1 & R2; SRI. ASHWIN GOVINDRAJ AND SRI. B.S. KARTHIKEYAN ADVOCATES FOR R3; SRI. BOPANNA BELLIAPPA, AGA FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA AND PRAYING TOISSUE A WRIT OF MANDAMUSOR ANYOTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO DEMOLISH OR INTERFERE WITH THE PETITIONERS SHOP NO.2, BELOW THE FLY- - 8 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS OVER, MYSORE ROAD, K.R. MARKET, BANGALORE 560002, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 20875/2026 BETWEEN: SMT. NALINI R W/O SRI RAMESH M AGE ABOUT 35 YEARS, R/AT NO 167, 7TH CROSS, 2ND MAIN ROAD, VEERABHANDRANAGAR, BANASHANKARI 3RD STAGE, HOSAKEREHALLI, BENGALURU - 560085 ...PETITIONER (BY SRI. NAGENDRA KUMAR K., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU CENTRAL CITY CORPORATION KEMPEGOWDA CIVIL HALL ANNEX - 3 KALINGA RAO ROAD, SAMPANGRIRAM NAGAR, BANGALORE - 560002 2. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU CENTRAL CITY CORPORATION NO 01, BBMP BUILDING, 3RD CROSS, 5TH MAIN ROAD, RAJAGOPALNAGAR, CHAMRAJPET, BENGALURU - 560008 3. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY ANNEX 1 AND 2 BUILDING - 9 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS NARASIMHARAJA CHOWK HUDSON CIRCLE (CORPORATION CIRCLE) BENGALURU - 560002 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE BANGALORE METROPOLITAN TASK FORCE, 1ST FLOOR, BBMP HEAD OFFICE AND GOVERNMENT SERVICE N R RAOD, SAMPANGI RAMA NAGAR, BENGALURU - 560027 ...RESPONDENTS (BY SRI.K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL FOR SRI. ASHWIN RAJ AND MS. RACHEL RAJ ALICE, ADVOCATE FOR R1 & R2; SRI. ASHWIN GOVINDRAJ AND SRI. B.S. KARTHIKEYAN ADVOCATES FOR R3; SRI. BOPANNA BELLIAPPA, AGA FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUSOR ANYOTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO DEMOLISH OR INTERFERE WITH THE PETITIONERS SHOP NO.1, BELOW THE FLY- OVER, MYSORE ROAD, K.R. MARKET, BANGALORE 560002, IN THE INTEREST OF JUSTICE AND EQUITY. IN WP NO. 20876/2026 BETWEEN: SMT. DIVYA S W/O MR. M. SATHYAVELU AGED ABOUT 33 YEARS R/AT. NO.104, VEERABHADRANAGAR, CHURCH ROAD, 7TH CROSS-EXAMINATION, - 10 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS HOSKEREHALLI, BSK 3RD STAGE, BANGALORE - 560085. ...PETITIONER (BY SRI. NAGENDRA KUMAR K., ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU CENTRAL CITY CORPORATION KEMPEGOWDA CIVIL HALL ANNEX - 3 KALINGA RAO ROAD, SAMPANGRIRAM NAGAR, BANGALORE - 560002 2. THE ASSISTANT EXECUTIVE ENGINEER BENGALURU CENTRAL CITY CORPORATION NO 01, BBMP BUILDING, 3RD CROSS, 5TH MAIN ROAD, RAJAGOPALNAGAR, CHAMRAJPET, BENGALURU - 560008 3. THE CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY ANNEX 1 AND 2 BUILDING NARASIMHARAJA CHOWK HUDSON CIRCLE (CORPORATION CIRCLE) BENGALURU - 560002 4. THE ADDITIONAL DIRECTOR GENERAL OF POLICE BANGALORE METROPOLITAN TASK FORCE, 1ST FLOOR, BBMP HEAD OFFICE AND GOVERNMENT SERVICE N R RAOD, SAMPANGI RAMA NAGAR, BENGALURU - 560027 ...RESPONDENTS (BY SRI.K. SHASHI KIRAN SHETTY, ADVOCATE GENERAL FOR SRI. ASHWIN RAJ AND - 11 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS MS. RACHEL RAJ ALICE, ADVOCATE FOR R1 & R2; SRI. ASHWIN GOVINDRAJ AND SRI. B.S. KARTHIKEYAN ADVOCATES FOR R3; SRI. BOPANNA BELLIAPPA, AGA FOR R4) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUSOR ANYOTHER APPROPRIATE WRIT, ORDER OR DIRECTION DIRECTING THE RESPONDENTS NOT TO DEMOLISH OR INTERFERE WITH THE PETITIONERS SHOP NO.5, BELOW THE FLY- OVER, MYSORE ROAD, K.R. MARKET, BANGALORE 560002, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioners assert that they have been issued with Trade Licenses to operate from certain shop premises, and the authorities propose to demolish these premises without due process. This Court, on 09.07.2026, has heard Sri Nagendra Kumar K, the learned counsel for the petitioners, and - 12 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS Sri Shashikiran Shetty, the learned Advocate General on behalf of both the State Government and the Greater Bengaluru Authority [GBA]. 2. During this hearing on [09.07.2026] it was placed before this Court on behalf of the State Government and the GBA that the Trade Licenses relied upon by each of these petitioners are dubious and not signed by the Revenue Officer authorized to sign the licenses during the relevant period of time. It was also placed before this Court that though the petitioners contend that they have the advantage of proper structures, those premises are on a footpath and that the State is under directions from the Apex Court to remove all encroachments on the footpaths. 3. This Court, in the light of these circumstances, has stipulated [as an interim arrangement] that the petitioners shall not commence business, that the authorities shall defer demolition - 13 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS till the next date of hearing and that an affidavit of the Revenue Officer shall be filed to justify the stand that the Trade Licenses are dubious. On 16.07.2026, this affidavit and Statement of Objections are filed with a drawing showing the location of the shop premises on the footpath. Sri Nagendra Kumar K had submitted that he would secure instructions on whether the petitioners themselves would voluntarily surrender possession without prejudice to file applications with the concerned authorities for proper relocation. 4. Presently, each of the petitioners have filed affidavits, and these affidavits are similar in their content. The petitioners have stated that they are ready to surrender the premises in their occupation and hope that they would be provided with an alternative premises or arrangement to commence their businesses. Sri Nagendra Kumar K, in continuation, submits that the petitioners may be - 14 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS allowed two weeks' time to voluntarily surrender possession because they will have to surrender electricity meters to the authorities and take refund of the deposits and that this Court may reserve liberty to the petitioners to file applications for alternative premises/arrangement. 5. Sri Shashikiran Shetty submits that this Court may grant a reasonable time for the petitioners to surrender the electricity meters and handover vacant possession with liberty to the authorities to dismantle all the structures if the petitioners do not so handover the premises. On the request for liberty to approach the authorities, Sri Shashikiran Shetty submits that if the applications are submitted with the competent authority viz., the Provisional Town Vending Committee, Bengaluru Central City Corporation, Annexe-3, N.R.Square, Greater Bengaluru Authority, Bengaluru, the applications will be - 15 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS considered strictly in accordance with law. In the light of the afore, the following ORDER [A] The petitions stand disposed of permitting the petitioners an outer limit of fifteen [15] days from today to handover the premises presently under lock and key observing that if they do not handover within this period, the authorities will be at liberty to dismantle the structures without any further notice. [B] The petitioners are reserved with liberty to file applications with the Provisional Town Vending Committee, Bengaluru Central City Corporation, Annexe-3, N.R.Square, Greater Bengaluru Authority, Bengaluru within six [6] weeks from today and if the petitioners file such applications the Committee may - 16 - HC-KAR CNR: KAHC010468732026 NC: 2026:KHC:36831 WP No. 20863 of 2026 C/W WP No. 20864 of 2026 WP No. 20866 of 2026 AND 3 OTHERS consider such applications as required in law. Sd/- (B M SHYAM PRASAD) JUDGE NV List No.: 3 Sl No.: 22