- 1 - HC-KAR CNR: KAHC010612172026 NC: 2026:KHC:51406 WP No. 27907 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 27907 OF 2026 (LB-BMP) BETWEEN: AJMAL BAIG S/O GAFFUR BAIG, AGED ABOUT 52 YEARS, R/AT NO.4, 6TH CROSS, SHAMANNA GARDEN, PIPELINE, BENGALURU 560026. …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE COMMISSIONER BANGALORE WEST CITY CORPORATION NO.72/4, 16TH CROSS ROAD, VYALIKAVAL, KODANDARAMPURA, MALLESHWARAM, BENGALURU 560003. 2. THE MEDICAL HEALTH OFFICER VIJAYANAGAR ZONE, 1ST MAIN ROAD, MANUVANA, BANGALORE WEST CITY CORPORATION, BENGALURU-560040 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010612172026 NC: 2026:KHC:51406 WP No. 27907 of 2026 3. THE ASSISTANT EXECUTIVE ENGINEER SHAMMANNA GARDEN, BANGALORE WEST CITY CORPORATION, BENGALURU-560026. 4. MR. ABDUL MALIK BAIG OWNER OF PROPERTY NO.53, SHAMANNA GARDEN, 6TH MAIN ROAD, NEAR KHUDADAD MASJID, SHAMANNA NAGAR, BAPUJI NAGAR, BENGALURU 560026. …RESPONDENTS (BY SRI. KARTHIKEYAN B S.,ADVOCATE A/W SRI. PAWAN KUMAR., ADVOCATE FOR R1 TO R3; SRI. VIVEK SUBBA REDDY., SENIOR ADVOCATE FOR SRI. CHAND PASHA., ADVOCATE FOR C/R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OF LIKE NATURE DIRECTING THE RESPONDENT NOS. 1 TO 3 TO CONSIDER THE REPRESENTATION DATED 25/08/2026 I.E., ANNEXURE A TO THE WRIT PETITION AND CONSEQUENTLY DIRECT THEM TO PREVENT RESPONDENT NO.4 FROM CONTINUING THE OPERATION OF HKGN AUTO SHED AT THE RESIDENTIAL PREMISES NO 53, SHAMANNA GARDEN, 6TH MAIN ROAD, NEAR KHUDADAD MASJID, - 3 - HC-KAR CNR: KAHC010612172026 NC: 2026:KHC:51406 WP No. 27907 of 2026 SHAMANNA NAGAR, BAPUJI NAGAR, BENAGLURU- 560026. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner and the fourth respondent are brothers. Interestingly, the petitioner has mentioned in the cause title that he does not know the age of the fourth respondent. The petitioner seeks direction to the official respondents [the first to third respondents] to take action to prevent his brother from operating HKGN Auto Shed in a property bearing No.53, Shamanna Garden, 6th Main Road, Near Khudadad Masjid, Shamanna Nagar, Bapuji Nagar, Bengaluru [the subject property]. This Court, on 03.09.2026 upon hearing Ms. Rochana B.R., the learned counsel for the petitioner, has called upon the second respondent [the jurisdictional Medical Officer] to file a Report on the nature of the business by the fourth respondent in the subject property. In response, a Report is filed stating that [i] - 4 - HC-KAR CNR: KAHC010612172026 NC: 2026:KHC:51406 WP No. 27907 of 2026 there is no auto shed in the subject property; [ii] it is an open extent with small dwelling premises; that no commercial activity is undertaken; [iii] the fourth respondent's tenants, who are mostly auto-rickshaw drivers, use the property to park their auto-rickshaw vehicles, [iv] there is one temporary shed in the adjacent property, and because it does not come within the jurisdiction, trade licence is issued. Mr. V. Srinivas and Ms. Rochana B.R., the learned counsels for the petitioner, Sri Vivek Subba Reddy, the learned Senior Counsel for the fourth respondent, and Mr. B.S. Karthikeyan, a learned standing counsel for the first to the third respondents who is assisted by Mr. Pawan Kumar, another learned standing counsel, are heard for the disposal of the petition with Mr. Vivek Subba Reddy emphasizing that this petition is mostly an act of vendetta because of certain differences between the petitioner and the fourth respondent. If the property is being essentially used for residential purposes with the tenants occupying the open area for parking, there would be no cause for the - 5 - HC-KAR CNR: KAHC010612172026 NC: 2026:KHC:51406 WP No. 27907 of 2026 present petition, and as such, the petition stands rejected. Sd/- (B M SHYAM PRASAD) JUDGE SA Ct:sr