- 1 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 104 OF 2026 (GM-RES) BETWEEN: M/S ABHISHEKA PROPERTIES A FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, HAVING REGISTERED OFFICE AT NO.50/A, NEW TIMBERYARD LAYOUT, MYSORE ROAD, BENGALURU-560026 REPRESENTED BY SMT. L.JAYALAKSHMI W/O.LATE S.MANNOJI RAO, AGED ABOUT 70 YEARS, R/A.NO.50/A, NTY LAYOUT, MYSORE ROAD, BENGALURU - 560 026 …PETITIONER (BY SRI. SHIVARAMU H.C., ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001 Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560001 3. THE ASSISTANT COMMISSIONER, BENGALURU NORTH TALUK, BENGALURU-560001 4. THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU-560001 5. THE COMMISSIONER, KARNATAKA PANCHAYAT RAJ COMMISSIONERATE, K.G.ROAD, BENGALURU-560009 6. THE CHIEF EXECUTIVE OFFICER, OFFICE OF THE ZILLA PANCHAYAT, BANASHANKARI, BENGALURU-560050 7. THE EXECUTIVE OFFICER, OFFICE OF THE TALUK PANCHAYAT, BENGALURU NORTH TALUK, YELAHANKA - 560064 8. THE PANCHAYAT DEVELOPMENT OFFICER DASANAPURA GRAMA PANCHAYAT, BENGALURU NORTH TALUK-562162 9. THE NELAMANGALA PLANNING AUTHORITY, 2ND MAIN ROAD, SADASHIVANAGAR, NELAMANGALA-562123 REP. BY JOINT SECRETARY 10. SMT.CHANDRAKALA - 3 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 W/O.R.GANGARAJU, AGED ABOUT 49 YEARS R/AT NO.758, DEEPASHREE NILAYA OPP. SAPTHAGIRI MEDICAL COLLEGE ATHMIYA GELEYARA BALAGA LAYOUT BENGALURU-560090 11. SRI.R.GANGARAJU, S/O. LATE RANGAIAH, AGED ABOUT 57 YEARS R/A. NO.758 DEEPASHREE NILAYA OPP. SAPTHAGIRI MEDICAL COLLEGE ATHMIYA GELEYARA BALAGA LAYOUT BENGALURU - 560090 12. SRI. NANJUNDAPPA, S/O. LATE HANUMAIAH, AGED ABOUT 70 YEARS 13. SMT. MUNILAKSHMAMMA, W/O. SRI.NANJUNDAPPA, AGED ABOUT 58 YEARS 14. SRI. SOMASHEKAR, S/O. SRI.NANJUNDAPPA AGED ABOUT 36 YEARS 15. SMT. HANUMAKKA, D/O. SRI.NANJUNDAPPA, AGED ABOUT 38 YEARS 16. SRI. VENKATABYLAPPA, S/O. LATE HANUMAIAH, AGED ABOUT 53 YEARS 17. SMT.HANUMAKKA @ SHOBHA, W/O. SRI. VENKATABYLAPPA, - 4 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 AGED ABOUT 43 YEARS 18. SMT. PALLAVI D/O.SRI. VENKATABYLAPPA, AGED ABOUT 24 YEARS 19. SMT. DIMPLE, D/O. VENKATABYLAPPA, AGED ABOUT 20 YEARS 20. SRI.HANUMANTHARAYAPPA, S/O. LATE HANUMAIAH, AGED ABOUT 48 YEARS (UNMARRIED) R12 TO R20 ARE R/A. NAGARUR VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562162 21. SMT.LAKSHMAMMA, D/O. LATE HANUMAIAH, W/O. HANUMANTHARAYAPPA, AGED ABOUT 58 YEARS, R/A. AVALAKUPE VILLAGE, KASABA HOBLI, NELAMANGALA TALUK-562123 22. M/S. CLASSIC LAND DEVELOPERS, A REGISTERED PARTNERSHIP FIRM HAVING ITS BUSINESS AT NO. 1, ADAKAMARANAHALLI, 21ST K.M, TUMKUR ROAD, MAKALI POST, BENGALURU-562123 REPRESENTED BY ITS PARTNER SRI.A.BALAAJI @ D.V.M.RAO @ D.V.MADHAVA RAO, S/O. LATE D.S.VENKATA RAM, AGED ABOUT 78 YEARS, - 5 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 R/A. NO.7, 13TH CROSS, S.P.EXTN, MALLESHWARAM, BENGALURU-560003 23. SRI.K.RAMU, S/O. LATE KARIYAPPA, AGED ABOUT 80 YEARS, R/AT NO.2471, 10TH MAIN ROAD, D BLOCK, II STAGE, RAJAJINAGAR, BENGALURU-560010 24. SRI.C.GANGAIAH, SECRETARY OF M/S.BALAJI TOWNSHIP WELFARE ASSOCIATION HAVING OFFICE AT NO.205, 1ST MAIN ROAD, SUBRAMANYA NAGAR, BENGALURU-560021 25. SMT.MAMATHA L W/O. SRI.N.R.KRISHNA MURTHY, AGED ABOUT 48 YEARS, R/A.NO.623/A, E BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560010 26. SMT. KAVITHA L D/O.L.LAKSMAN AGED ABOUT 46 YEARS R/A.NO.623/A, E BLOCK, 2ND STAGE, RAJAJINAGAR, BENGALURU-560010 27. SRI.G.RAMACHANDRAN, S/O. LATE SRI.R.GANAPATHY LYER, AGED ABOUT 54 YEARS, R/A.NO.192, II CROSS, II MAIN, HANUMANTHANAGAR, BENGALURU-560019 - 6 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 28. SRI. JAGADEESH T.M, S/O. LATE SRI.T.MALLAIAH, AGED ABOUT 57 YEARS, R/A.NO.89, 1ST CROSS, 4TH MAIN, MATHIKERE EXTN., BENGALURU-560054 29. SRI. HOSALAPPA S/O.SRI.BHADRAIAH, AGED ABOUT 58 YEARS, R/A.NO.J-1, PIPE LINE, MALLESHWARAM, BENGALURU-560003 30. SRI. SRINATHA SHARMA K.M S/O.MANJUNATHA SHARMA, AGED ABOUT 55 YEARS, R/A.NO.319, OLD MADRAS ROAD, VALMIKI ANJANEYA TEMPLE, V.V.PURAM, BENGALURU-560004 31. SRI.K.M.BALAKRISHNA SHARMA, S/O. MANJUNATHA SHARMA, AGED ABOUT 52 YEARS, R/A.NO.319, OLD MADRAS ROAD, VALMIKI ANJANEYA TEMPLE, V.V.PURAM, BENGALURU-560004 32. SMT. VANI, W/O. B.PRASANNA KUMAR, AGED ABOUT 47 YEARS, R/A. FLAT NO.F-103, NO.48, WILSON COURT, 6TH CROSS, WILSON GARDEN, BENGALURU-560027 … RESPONDENTS (BY SRI.RAVINDRANATH, AGA FOR R.1 TO R5) - 7 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO RESPONDENTS NO. 1 TO 8 TO CONSIDER THE REPRESENTATION OF THE PETITIONER PRODUCED AT ANNEXURES-A TO A7 DATED 23.12.2025 FORTHWITH; (B) ISSUE WRIT OF MANDAMUS TO RESPONDENT NO.4 TO RESTRAIN THE ILLEGAL FORMATION OF LAYOUT ON SCHEDULE PROPERTY AND TAKE STEPS TO INITIATE CRIMINAL PROSECUTION AGAINST RESPONDENTS NOS.10 TO 21 AND RESPONDENTS NOS.23 TO 32 FOR FORMING AN ILLEGAL LAYOUT WITHOUT TAKING PERMISSION FROM COMPETENT AUTHORITIES - RESPONDENTS NO.5 TO 9 FORTHWITH. THIS PETITION, 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 petitioner has filed this petition for directions to the jurisdictional Tahsildar to take action against the private respondents to stop them from changing the nature of the land that is - 8 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 described in the petition schedule property. Mr.H.C.Shivaramu, the learned counsel for the petitioner, proposes to rely upon the different representations filed with the authorities to contend that notwithstanding certain observations by this Court way back in the year 2016 that no rights have been created in favour of the petitioner therein, the private respondents claiming under the petitioner are trying to change the nature of the subject property and that the fourth respondent is under a statutory obligation to ensure action is taken. The learned counsel asserts that the subject property is not diverted from agricultural to residential purposes and no e-katha is issued. 2. Mr.B.Ravindranath, the learned Additional Government Advocate who is called upon to accept notice for the first to fifth respondents, is heard. This Court must observe that the petitioner has adverted to multiple pending proceedings and the proceedings - 9 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 that have been decided, including the suits for specific performance commenced to protect its interest under asserted sale agreements. 3. This Court is of the considered view that when the civil Courts are seized of the matter, the concerned, if is interested in securing the nature of the property from being changed, must necessarily approach the civil Court before filing representations with the authorities especially in this case when it is undisputed that the petitioner has filed applications with the civil Court for temporary injunction against changing the nature of the property. 4. At this stage, Mr.H.C.Shivaramu submits that the petitioner is constrained because though interim applications have been filed in the pending suits about six months back, the concerned civil Courts have not taken up the applications for due consideration paving way for continuing work to change the nature of property into a residential - 10 - HC-KAR NC: 2026:KHC:4166 WP No. 104 of 2026 layout. This Court is of the view that the petition must be disposed of but with liberty to the petitioner to place a certified copy of this order in the pending suits with a request to the civil Court to consider the application for injunction subject to their board expeditiously. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN List No.: 1 Sl No.: 4