- 1 - HC-KAR CNR: KAHC010344742026 NC: 2026:KHC:40697-DB WA No. 1435 of 2026 C/W WA No. 1434 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1435 OF 2026 (LB-BMP) C/W WRIT APPEAL NO. 1434 OF 2026 (LB-BMP) IN WA No. 1435/2026 BETWEEN: 1. V. NAGENDRA, AGED 57 YEARS, S/O. LATE VENKATARAMAIAH, R/AT. NO.26, NAGENDRA NILAYA, 1ST MAIN, 2ND CROSS, KRISHNAIAHANAPALYA, INDIRANAGAR, BANGALORE - 560 038. 2. KUMARAVELU A, AGED 78 YEARS, S/O. LATE KALAM ABBAY NAIDU, R/AT. NO.227/259, 5TH MAIN ROAD, K.G. NAGAR, BANGALORE - 560 019. …APPELLANTS (BY SRI. ANANTHA NARAYANA B N., ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010344742026 NC: 2026:KHC:40697-DB WA No. 1435 of 2026 C/W WA No. 1434 of 2026 AND: 1. THE INCOME TAX LAYOUT RESIDENTS WELFARE ASSOCIATION, NO.3, INCOME TAX LAYOUT, SADANANDANAGAR, INDIRANAGAR POST, BANGALORE - 560 038. REPRESENTED BY ITS SECRETARY, SRI. D.V. BHASKAR RAO, MAJOR, S/O. LATE B.V. RAMACHANDRA. 2. THE BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BANGALORE - 560 001. REP. BY ITS COMMISSIONER. 3. THE JOINT COMMISSIONER, BRUHATH BANGALORE MAHANAGARA PALIKE, MAYO HALL, M.G. ROAD, BANGALORE - 560 001. 4. THE DEPUTY COMMISSIONER (REVENUE), BRUHATH BANGALORE MAHANAGARA PALIKE, UTILITY BUILDING, M.G. ROAD, BANGALORE - 560 001. 5. THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK, BANGALORE - 560 043. REPRESENTED BY ITS COMMISSIONER. - 3 - HC-KAR CNR: KAHC010344742026 NC: 2026:KHC:40697-DB WA No. 1435 of 2026 C/W WA No. 1434 of 2026 6. SMT. NAGAVENI, AGED ABOUT 44 YEARS, D/O. LATE VENKATAPPA, R/AT. NO.227/259, 5TH MAIN ROAD, K.G. NAGAR, BANGALORE - 560 019. …RESPONDENTS (BY SRI.B.N.PRAKASH, ADVOCATE FOR R1; SRI.K.V.BATHEGOWDA, ADVOCATE FOR R2 TO R4; SRI.K.KRISHNA, ADVOCATE FOR R5; SRI.A.ARUNKUMAR, ADVOCATE FOR R6) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (i) SETTING ASIDE THE ORDER DATED 06.04.2026 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No.43740/2016 (LB-BMP) AND THE SAID WRIT PETITION BE DISMISSED AND ETC., IN WA NO. 1434/2026 BETWEEN: 1. V NAGENDRA, AGED 57 YEARS, S/O. LATE VENKATARAMAIAH, R/AT. NO.26, NAGENDRA NILAYA, 1ST MAIN, 2ND CROSS, KRISHNAYANAPALYA, INDIRANAGAR, BANGALORE - 560 038. ...APPELLANT (BY SRI. ANANTHA NARAYANA B N., ADVOCATE) - 4 - HC-KAR CNR: KAHC010344742026 NC: 2026:KHC:40697-DB WA No. 1435 of 2026 C/W WA No. 1434 of 2026 AND: 1. BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, HUDSON CIRCLE, BANGALORE - 560 002. REP. BY ITS COMMISSIONER. 2. THE JOINT COMMISSIONER (EAST), BRUHATH BANGALORE MAHANAGARA PALIKE, MAYO HALL, M.G. ROAD, BANGALORE - 560 001. 3. THE DEPUTY COMMISSIONER (REVENUE), BRUHATH BANGALORE MAHANAGARA PALIKE, UTILITY BUILDING, M.G. ROAD, BANGALORE - 560 001. 4. THE BANGALORE DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK, BANGALORE - 560 043. REP. BY ITS COMMISSIONER. 5. THE INCOME TAX LAYOUT RESIDENTS WELFARE ASSOCIATION, REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, REP. BY ITS SECRETARY, NO.3, INCOME TAX LAYOUT, SADANANDANAGAR, INDIRANAGAR POST, BANGALORE - 560 038. ...RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE FOR R1 TO R3; SRI.K.KRISHNA, ADVOCATE FOR R4; SRI.B.N.PRAKASH, ADVOCATE FOR R5) - 5 - HC-KAR CNR: KAHC010344742026 NC: 2026:KHC:40697-DB WA No. 1435 of 2026 C/W WA No. 1434 of 2026 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO (i) SETTING ASIDE THE ORDER DATED 06.04.2026 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No.2490/2026 (LB-BMP) AND THE SAID WRIT PETITION BE ALLOWED BY QUASHING THE SURVEY SKETCH AND REPORT FILED BY BBMP/BDA AS PER ANNEXURE-C TO THE WRIT PETITION AND ETC., THESE APPEALS, COMING ON FOR ORDERS, 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) These intra-court appeals are filed impugning the order dated 06.04.2026 passed by the learned Single Judge of this Court in W.P.No.43740/2016 (LB-BMP) connected with W.P.No.2490/2026 (LB-BMP). 2. The petitioner/appellant had filed both the writ petitions. The petitioner in fact claimed the prayer or the relief of injunction and declaration in respect of 12 guntas - 6 - HC-KAR CNR: KAHC010344742026 NC: 2026:KHC:40697-DB WA No. 1435 of 2026 C/W WA No. 1434 of 2026 of land in O.S.No.5888/1993, the said suit was dismissed. The same was appealed against in RFA No.299/2008, which also got dismissed, and the SLP NO.2914/2023 preferred against the said RFA, the Supreme Court also dismissed the Special Leave Petition. 3. Allegedly the petitioner has encroached upon the road margins and civic amenity sites. When the petitioner has been found that he is not having any right, title and interest in respect of the land measuring 12 guntas, which is reserved for the Civil amenity sites and the road margins, he cannot come to this Writ Court again to say that for road margins, the survey should be conducted in his presence. 4. Petitioner, having encroached upon the public land, cannot approach this court and seek equitable remedy under Articles 226 of the Constitution of India. The petitioner who allegedly has encroached the road margins - 7 - HC-KAR CNR: KAHC010344742026 NC: 2026:KHC:40697-DB WA No. 1435 of 2026 C/W WA No. 1434 of 2026 and civic amenity sites has no right to challenge the survey and the removal of the encroachment. 5. We do not find any substance in the writ appeal, and the same stands dismissed. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE HR List No.: 1 Sl No.: 8