- 1 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 43740 OF 2016 (LB-BMP) C/W WRIT PETITION NO. 2490 OF 2026 (LB-BMP) IN WP No. 43740/2016 BETWEEN: INCOME TAX LAYOUT RESIDENTS WELFARE ASSOCIATION , NO.3, INCOME TAX LAYOUT, SADANANDA NAGARA, INDIRANAGARA POST, BENGALURU - 560 038 REPRESENTED BY ITS SECRETARY SRI. D.V. BASKAR RAO, S/O LATE B.V. RAMACHANDRA, AGED ABOUT 80 YEARS &PETITIONER (BY SRI. K.R. KRISHNAMURTHY, ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE, N R SQUARE, HUDSON CIRCLE, BANGALORE - 560 001 REPRESENTED BY ITS COMMISSIONER Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 2. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, MAYO HALL, M.G. ROAD, BENGALURU - 560 001 3. THE DEPUTY COMMISSIONER (REVENUE), BRUHAT BENGALURU MAHANAGARA PALIKE, UTILITY BUILDING, M.G. ROAD, BENGALURU - 560 001 4. THE BENGALURU DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARA PARK, BENGALURU - 560 043 REPRESENTED BY COMMISSIONER 5. SRI. V. NAGENDRA S/O LATE VENKATARAMIAHA, AGED ABOUT 43 YEARS, NO.26, NAGENDRA NILAYA, I MAIN, 2ND CROSS, KRISHNAYYAALYA, INDIRANAGARA, BENGALURU - 560 038 6. SRI KUMARVELU A S/O LATE KALAM ABBAY NAIDU, AGED ABOUT 62 YEARS, NO.227/259, 5TH MAIN ROAD, K G NAGAR, BENGALURU - 560 019 7. SMT NAGAVENI W/O SRI KUMARVELU A AGED ABOUT 34 YEARS, NO.227/259, 5TH MAIN ROAD, K.G. NAGAR, BENGALURU - 560 019 &RESPONDENTS (BY SRI. MOHAN KUMAR K.V., ADVOCATE FOR R1 TO R3 - 3 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 SRI. MURUGESH V. CHARATI, ADVOCATE FOR R4 SRI. B.N. ANANTHA NARYANA, ADVOCATE FOR R5 AND R6 SRI. VIJAY KUMAR PRAKASH, ADVOCATE FOR R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS 1 TO 4 TO TAKE STEPS TO REMOVE THE ENCROACHMENT MADE BY RESPONDENTS 5 TO 7 IN THE ROAD MARGIN AND CIVIC AMENITY SITES AT ANNEXURE-C. IN WP NO. 2490/2026 BETWEEN: V. NAGENDRA, AGED 58 YEARS, S/O. LATE VENKATARAMAIAH, R/AT. NO.26, NAGENDRA NILAYA, 1ST MAIN, 2ND CROSS, KRISHNAIAHANAPALYA, INDIRANAGAR POST, BANGALORE - 560 038 ...PETITIONER (BY SRI. ANANTHA NARAYANA B.N., ADVOCATE) 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, MAYOHALL, M.G. ROAD, BANGALORE - 560 001 - 4 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 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, KUMARAPARK WEST, BANGALORE - 560 020. REP. BY ITS COMMISSIONER. 5. THE INCOME TAX LAYOUT RESIDENTS WELFARE ASSOCIATION, REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960, REPRESENTED BY ITS SECRETARY NO.3, INCOME TAX LAYOUT, SADANANDANAGAR, INDIRANAGAR POST, BANGALORE - 560 038. ...RESPONDENTS BY SRI. MOHAN KUMAR K.V., ADVOCATE FOR R1 TO R3 SRI. MURUGESH V. CHARATI, ADVOCATE FOR R4 SRI. K.R. KRISHNAMURTHY, ADVOCATE FOR R50 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE SURVEY SKETCH AND THE REPORT DATED 09- 04-2015 SUBMITTED BY THE BANGALORE MAHANAGARA PALIKE AND THE BANGALORE DEVELOPMENT AUTHORITY AS PER ANNEXURE-C TO THE WRIT PETITION BY ISSUE OF CERTIORARI AND/OR ANY OTHER APPROPRIATE WRIT, ORDER AND DIRECTION. - 5 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 THESE PETITIONS, COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER W.P.No.43740/2016 has been filed with the following prayers: "a) Issue a writ of Mandamus directing the respondent No.1 and 4 to take steps to remove the encroachment made by the respondent 5 to 7 in the road margin and civic amenity siteas per Annexure- C. b) Issue such other appropriate writ, order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case, in the interest of justice and equity." 2. W.P.No.2490/2026 has been filed with the following prayers: "(i) quashing the survey sketch and the report dated 09.04.2015 submitted by the Bangalore Mahanagara - 6 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 Palike and the Bangalore Development Authority as per Annexure-C to the writ petition by issue of certiorari and/or any other appropriate writ, order and direction; (ii) directing the Respondents to pay to Petitioner costs of this proceedings, and (iii) awarding to the Petitioner such other additional and alternative reliefs that may be found necessary under the circumstances of the case." 3. For the sake of convenience, the parties are referred to as per their status in W.P.No.43740/2016. 4. Annexure-'C' referred to in both the writ petitions pertains to the sketch of the survey conducted by the then Bruhat Bengaluru Mahanagara Palike (for short, 'the BBMP') now, the Greater Bengaluru Authority (for short, 'the GBA') pursuant to the orders of this Court in W.P.Nos.51787-51789 of 2014 (BDA), wherein it has been found that respondent Nos.5 to 7 in W.P.No.43740/2016 have encroached upon the road margin and a portion of the site reserved for civic amenities. - 7 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 5. The petitioner in W.P.No.43740/2016 wants the alleged encroachment is to be removed. The petitioner in W.P.No.2490/2026 has sought for setting aside the said survey on the ground that a proper opportunity of being heard at the time of conduct of the survey was not accorded to the petitioner therein. 6. Admittedly, the alleged encroachment as per Annexure-'C' to the writ petitions are part of 12 Guntas of land which were subject matter of O.S.No.5888/1993, RFA No.299/2008 (DEC) and SLP No.2914/2023. The said original suit, first appeal and the Special Leave Petition were preferred by the petitioner in W.P.No.2490/2026 in respect of the said 12 Guntas of the land. 7. O.S.No.5888/1993 was a suit for declaration, wherein the petitioner in W.P.No.2490/2026 sought for a prayer to declare him as the owner of the said 12 Guntas of the land. The trial Court, having negatived the contentions of the plaintiff therein, has dismissed the - 8 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 original suit. The same was appealed against in RFA No.299/2008 (DEC) which also came to be dismissed and the SLP No.2914/2023 preferred against the said RFA also came to be dismissed, thereby the right of the petitioner in W.P.No.2490/2026 over the land concerned has been negatived. Thus, it has to be concluded that the petitioner in W.P.No.2490/2026 has no right, title or interest of any nature whatsoever in respect of the land, which is alleged to have been encroached upon, as reflected in the survey sketch at Annexure38C9 to the writ petitions. 8. It is contented by the petitioner in W.P.No.2490/2026 that some of the individual residents of Income Tax Layout preferred O.S.No.8431/2005 and O.S.No.8417/2005 against the petitioner in W.P.No.2490/2026 wherein, they prayed that the petitioner in W.P.No.2490/2026 be restrained from putting up certain constructions on the property concerned and the said suits also have been dismissed. However, a perusal of the judgment passed in the said original suits - 9 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 shows that in O.S.No.8431/2005, the plaintiff therein did not adduce any evidence nor she argued the case and for that reason, the suit filed by her has been dismissed. Similarly, in O.S.No.8417/2005, the plaintiff therein did not argue the case. Consequently, the suit came to be dismissed. The said suits have been filed by third parties and the property is a public property maintained by the BBMP / GBA. The pleadings shows that the BBMP / GBA considers the property to be part of the road margin and civic amenities sites. The learned counsel appearing for the respondent - BBMP / GBA also submits that the said property belongs to the BBMP / GBA. 9. The petitioner in W.P.No.2490/2026 had filed W.P.Nos.51787-51789 of 2014 (BDA), wherein they had questioned the action of the BBMP / GBA in trying to remove the alleged encroachment and this Court had passed the following order: "However, for the present, the right of petitioner No.1 and the right of respondent No.1 shall be dealt - 10 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 specifically before the appropriate forum. Respondents - Bangalore Development Authority and Bruhat Bengalure Mahanagara Palike to identify the property available to the parties and thereafter to proceed. Identification to be conducted before the parties. Till such identification process is completed, Respondents - Bangalore Development Authority and Bruhat Bengalure Mahanagara Palike shall not proceed to disturb the rights of the petitioners. With the above clarification, the petitions are disposed of." 10. At the time of disposing of W.P.Nos.51787- 51789 of 2014 (BDA), this Court did not have the benefit of the order passed by the Hon'ble Apex Court in respect of the ownership of the property concerned. Admittedly, the property pertains to 12 Guntas of land, which was subject matter of the original suit, first appeal and the Special Leave Petition as mentioned above and presently, it has been held that the petitioner in W.P.No.2490/2026 has no right, title or interest over the property concerned. Under the circumstances, no fault can be made out from the survey conducted by the BBMP / the Bengaluru - 11 - HC-KAR NC: 2026:KHC:18402 WP No. 43740 of 2016 C/W WP No. 2490 of 2026 Development Authority (for short, 'the BDA') vide Annexure-'C' to the writ petitions. If there are any encroachments by the petitioner in W.P.No.2490/2026, the same is liable to be removed. 11. Hence, the following: ORDER i. W.P.No.43740/2016 is hereby allowed. ii. W.P.No.2490/2026 is hereby dismissed. iii. Respondent Nos.1 to 3 (GBA) in W.P.No.43740/2016 are directed to take necessary steps to remove the encroachment made in the road margin and civic amenities sites as per Annexure-'C' to the writ petitions, within a period of eight (08) weeks from today. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 22