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2026 DAILYLAW 45355 (KAR)

M/S ABHISHEKA PROPERTIES v. THE PRINCIPAL SECRETARY

WP/135/2026 · 2026-01-23

B M Shyam Prasad

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO.135/2026 (GM-RES) CONNECTED WITH WRIT PETITION NO. 139 OF 2026 (GM-RES) IN WRIT PETITION NO.135/2026: 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/AT NO.50/A, NEW TIMBERYARD LAYOUT, MYSORE ROAD, BENGALURU - 560 026 … PETITIONER (BY SRI.H C SHIVARAMU, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 M.S. BUILDING, BENGALURU-560001 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 - 3 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 REP. BY JOINT SECRETARY 10. SMT. CHANDRAKALA W/O.R.GANGARAJU, AGED ABOUT 49 YEARS 11. SRI.R.GANGARAJU, S/O. LATE RANGAIAH, AGED ABOUT 57 YEARS R.10 AND R.11 ARE R/AT NO.758, DEEPASHREE NILAYA OPP. SAPTHAGIRI MEDICAL COLLEGE ATHMIYA GELEYARA BALAGA LAYOUT BENGALURU-560090 12. SRI.THAMMAYAPPA, S/O. LATE RAMAIAH, AGED ABOUT 67 YEARS 13. SMT. BYLAMMA, W/O. SRI.THAMMAYYAPPA AGED ABOUT 63 YEARS 14. SRI. RAMANJINAPPA, S/O. SRI.THAMMAYAPPA, AGED ABOUT 48 YEARS 15. SRI.T.MANJUNATH, S/O. SRI.THAMMAYAPPA, AGED ABOUT 45 YEARS 16. SRI.T.SHIVASHANKAR, S/O. SRI.THAMMAYAPPA, AGED ABOUT 43 YEARS 17. SRI.T.PRASHANTH, - 4 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 S/O. SRI.THAMMAYAPPA, AGED ABOUT 41 YEARS 18. SRI.T.NANJUNDA. S/O. SRI. THAMMAYAPPA, AGED ABOUT 39 YEARS R.12 TO R18 ARE R/AT NO.238, LAKSHMIDEVINAGARA, 6TH CROSS, 6TH MAIN, ANNAMMA CIRCLE, NANDINI LAYOUT POST, BENGALURU - 560 096 19. SMT. PUTTAMMA W/O. SRI. BYLEGOWDA, D/O. LATE RAMAIAH, AGED ABOUT 65 YEARS, R/AT AGALAKUPPE VILLAGE, MOTAGANAHALLI POST, KASABA HOBLI, NELAMANGALA TALUK-562123 20. SMT. LAKKAMMA W/O. SRI. MUDDABYRAA D/O. LATE RAMAIAH, AGED ABOUT 63 YEARS, R/AT HULIKUNTE POST, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK-561204 21. SMT. RANGAMMA W/O. SRI.HANUMANTHARAYAPPA, D/O. LATE RAMAIAH, AGED ABOUT 61 YEARS, R/AT ARAKERE VILLAGE AND POST, HESARAGHATTA HOBLI, - 5 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 BENGALURU NORTH TALUK-560088 22. SMT.LAKSHMAMMA W/O. SRI. RAMANNA D/O. LATE RAMAIAH, AGED ABOUT 59 YEARS, R/AT TIPPAPURA VILLAGE, ERAPURA POST, DODDABALLAPURA TALUK-561203 23. SMT. SUSHEELAMMA, W/O. SRI. RAMAIAH D/O. LATE RAMAIAH, AGED ABOUT 57 YEARS, R/AT KANNEGOWDANAHALLI, MYNAHALLI POST, KASABA HOBLI, NELAMANGALA TALUK-562123 24. SMT. PRAMILA W/O. SRI.GANGARAJU, D/O. LATE RAMAIAH, AGED ABOUT 55 YEARS, R/AT 5TH CROSS, 1ST MAIN, RAVINDRANAGARA, MALLASANDRA CROSS, T. DASARAHALLI POST, BENGALURU - 560 057 25. SRI.JAYARAM, S/O. LATE RAMAIAH, AGED ABOUT 53 YEARS 26. SMT. SARASWATI, W/O. SRI.JAYARAM, AGED ABOUT 46 YEARS - 6 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 27. SRI. HARISH, S/O. SRI.JAYARAM, AGED ABOUT 26 YEARS 28. SRI. DEVARAJ, S/O. SRI.JAYARAM, AGED ABOUT 23 YEARS R.25 TO R.28 ARE R/AT NO.191, MARAMMA TEMPLE, DASANAPURA VILLAGE, BENGALURU NORTH TALUK-562162 29. M/S. CLASSIC LAND DEVELOPERS, A REGISTERED PARTNERSHIP FIRM HAVING ITS BUSINESS AT NO.1, ADAKAMARANAHALLI, 21ST K.M, TUMKUR ROAD, MAKALI POST, BENGALURU - 562 123 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, R/AT NO.7, 13TH CROSS, S.P.EXTN., MALLESHWARAM, BENGALURU - 560 003 30. SRI.K.RAMU, S/O. LATE KARIYAPPA, AGED ABOUT 80 YEARS, R/AT NO.2471, 10TH MAIN ROAD, D BLOCK, II STAGE, RAJAJINAGAR, BENGALURU - 560 010 31. SRI.C.GANGAIAH, - 7 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 SECRETARY OF M/S.BALAJI TOWNSHIP WELFARE ASSOCIATION HAVING OFFICE AT NO.205, 1ST MAIN ROAD, SUBRAMANYA NAGAR, BENGALURU - 560 021 32. SRI. SRIRANGA RAJ, S/O. B.K.RANGE GOWDA, AGED ABOUT 85 YEARS, R/AT NO.430/3, DEVASHRI NILAYA, 7TH MAIN, 5TH CROSS, BHUVANESHWARINAGAR, T. DASARAHALLI, BENGALURU-560057 33. SRI. PRASHANT KOLPE S/O. SRI.BHASKAR RAO KOLPE, AGED ABOUT 48 YEARS, R/AT NO.S-2, 3RD FLOOR, SKANDA RESIDENCY, NO.40-41, 6TH CROSS, ASHRAM COLONY, SANJAYANAGAR, BENGALURU-560094 34. SMT.LUCY S PINTO W/O. SRI.A.PINTO, AGED ABOUT 58 YEARS, R/AT NO.27, SUKHSHANTH, PIPE LINE ROAD, BEHIND KIRAN WINES, BHUVANESHWARI NAGAR, T.DASARAHALLI, BENGALURU-560057 35. SMT.M.H.SHOBHA, W/O. SRI.SHANKAR G.N. AGED ABOUT 53 YEARS, R/AT NO.51/42, 22ND MAIN, 2ND CROSS, BEHIND B.T.S.GARAGE, VIJAYANAGAR II STAGE, BENGALURU-560040 36. SRI. SREENIVASA PRASAD M.A - 8 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 S/O. SRI.M.R.ANANTHARAMA IYENGAR, AGED ABOUT 54 YEARS, R/AT NO.671, IV MAIN, 11TH CROSS, VYALIKAVAL, BENGALURU-560003 37. SRI.BONA PINTO S/O. SRI.LASER LEO PINTO, AGED ABOUT 52 YEARS, R/AT O.580/11, SUKHSHANTH, PIPE LINE ROAD, BEHIND KIRAN WINES, BHUVANESHWARI NAGAR, T.DASARAHALLI, BENGALURU-560057 38. SRI.G.B.CHITRA SHEKARAIAH, S/O. LATE SRI.GUBBI BASAPPA, AGED ABOUT 76 YEARS, R/AT NO.3-12, J.C.NAGAR, MAHALAKSHMIPURAM POST BENGALURU-560086 39. SRI.H.S.SRINIVASAN S/O. SEETHARAM H.S, AGED ABOUT 48 YEARS, R/AT NO.365, 2ND CROSS, 2ND PHASE, MANJUNATH NAGAR, BENGALURU-560010 40. SRI.B.K. POORNESH, S/O. SRI.B.N.KESHAVA MURTHY AND R.SAVITHRI, AGED ABOUT 43 YEARS, R/AT NO.40, A BLOCK, CIL COLONY, SANJAY NAGAR, RMV II STAGE, BENGALURU-560094 41. SRI.N.ANAND RAO, - 9 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 S/O. LATE SRI.N.S.NARAYANA RAO, AGED ABOUT 65 YEARS, R/AT NO.194/A, 9TH CROSS, I MAIN, I STAGE, V PHASE, WEST OF CHORD ROAD, BENGALURU-560044 42. SMT.PADMINI RAMA KUMAR W/O. DR.RAMA KUMAR, AGED ABOUT 68 YEARS R/AT FLAT NO.403, D.NO.2-91/81/TT, TRANSQUIL TOWER, WHITEFIELD, KONDAPUR, HYDERABAD-560084 43. SRI. ADARSH RAMAKUMAR S/O. DR.RAMAKUMAR AGED ABOUT 43 YEARS R/AT FLAT NO.403, D.NO.2-91/81/TT, TRANSQUIL TOWER, WHITEFIELD, KONDAPUR, HYDERABAD-560084 REPRESENTED BY GPA HOLDER SRI. K. VISHWANATH S/O. LATE KALYANAIAH, AGED ABOUT 47 YEARS, R/AT NO.22, KAVERI NILAYA, KAVERI STREET, RAMA MURTHY NAGAR, BENGALURU - 560 016 44. SRI.M.C.KRISHNA PRASAD, S/O. LATE SRI.CHITHAMBARAIAH, AGED ABOUT 64 YEARS, R/AT NO.2460, D BLOCK, 10TH MAIN, 2ND STAGE, RAJAJINAGAR, BENGALURU-560057 - 10 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 45. SRI.S.ELANGOVAN, S/O. SRI.K.K.SUNDARAM, AGED ABOUT 58 YEARS, R/AT NO.12A, KAMRAJ STREET, GOBI CHEETY PALYAM TALUK, ERODE DISTRICT, TAMIL NADU-638456 46. SMT.ALAKA PURANIK, W/O. SRI.P.G.PURANIK, AGED ABOUT 55 YEARS, R/AT NO.393/A, 13TH MAIN, 9TH CROSS, RAJAMAHAL VILAS EXTENSION, BENGALURU-560080 47. MRS.H.USHA RANI, W/O. SRI.HEMANTH KUMAR T.R, AGED ABOUT 53 YEARS, R/AT NO.229, 9TH MAIN, VIJAYANAGAR, BENGALURU-560040 48. SMT.SUBHA SRIDHAR, W/O. SRI.B.SRIDHAR, AGED ABOUT 48 YEARS, R/AT NO.18, AG'S OFFICE LAYOUT, NEW BEL ROAD, BENGALURU-560054 49. SMT.SUDHA MADHUSUDHAN, W/O. SRI.H.S.MADHUSUDHAN, AGED ABOUT 52 YEARS, R/AT NO.812, 5TH MAIN, 6TH CROSS, M.C.LAYOUT, VIJAYANAGAR, BENGALURU-560040 50. SMT. VIJAYALAKSHMI W/O. SRI.A.P.GOPINATH, - 11 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 AGED ABOUT 62 YEARS, R/AT NO.1236, SUPRABATH 11TH MAIN, MAHALAKSHMIPURAM, 8TH 'A' DIVISION, WEST OF CHORD ROAD, BENGALURU-560086 51. SMT. DEEPASHREE M, D/O. SRI.H.R.MANJUNATH, AGED ABOUT 39 YEARS, R/AT NO.135, VHBSCS LAYOUT, MAHALAKSHMIPURAM P.O, BENGALURU-560086 52. SRI. RAJASHEKAR SIDDAPPA BADEMI, S/O. SRI.SIDDAPPA CHENNAMALLAPPA BADEMI, AGED ABOUT 50 YEARS, R/AT NO.255, 2ND CROSS, F BLOCK, 10TH MAIN, KODIGEHALLI, SAHAKAR NAGAR, BENGALURU-560092 53. SRI. BASAVARAJ SIDDAPPA BADEMI, S/O. SRI.SIDDAPPA CHENNAMALLAPPA BADEMI, AGED ABOUT 48 YEARS, R/AT NO.255, 2ND CROSS, F BLOCK, 10TH MAIN, KODIGEHALLI, SAHAKAR NAGAR, BENGALURU - 560 092. … RESPONDENTS (BY SMT.SARITHA KULAKARNI, AGA FOR R.1 to R.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, (A) 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 - 12 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 MANDAMUS TO RESPONDENT NO.4 TO RESTRAIN THE ILLEGAL FORMATION OF LAYOUT ON SCHEDULE PROPERTY AND TAKE STEPS TO INITIATE CRIMINAL PROSECUTION AGAINST RESPONDENTS NO.10 TO 28 AND RESPONDENTS NO.32 TO 53 FOR FORMING AN ILLEGAL LAYOUT WITHOUT TAKING PERMISSION FROM COMPETENT AUTHORITIES RESPONDENTS NO.5 TO 9 FORTHWITH. IN WRIT PETITION NO. IN WRIT PETITION NO. 139 OF 2026 BETWEEN: M/S ABHISHEKA PROPERTIES A FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT HAVING REGISTERED OFFICER 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/AT NO. 50/A, NEW TIMBERYARD LAYOUT MYSORE ROAD, BENGALURU-560026. …PETITIONER (BY SRI. SHIVARAMU H.C.,ADVOCATE) - 13 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU-560001. 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 - 14 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 DASANAPURA GRAMA PANCHAYAT BENGALURU NORTH TALUK-562162. 9. THE JOINT SECRETARY NELAMANGALA PLANNING AUTHORITY 2ND MAIN ROAD SADASHIVANAGAR NELAMANGALA-562123. 10. SMT CHANDRAKALA 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. SMT JAYAMMA W/O LATE SRI DEVANNA AGED ABOUT 78 YEARS R/A NO. 307, PAVANASUTA NILAYA VINAYAKA LAYOUT DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU-562162, 13. SMT SAROJAMMA W/O SRI MANJUNATH - 15 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 AGED ABOUT 56 YEARS R/AT NAGARUR VILAGE DASANAPURA HOBLI BENGALURU NORTH TALUK BENGALURU-562162. 14. SMT ANNAPOORNA W/O SRI MANJUNATH D/O SRI MANJUNATH AGED ABOUT 43 YEARS R/AT BEETAJHALLI VILLAGE KUDUR HOBLI, MAGADI TALUK RAMANAGARA DISTRICT-561101. 15. SMT. LAKSHMIDEVI, W/O.SRI. MANJUNATH, D/O.SRI. MANJUNATH, AGED ABOUT 41 YEARS, R/A.JATTIPALYA, VISHWANEEDAM POST, MAGADI ROAD, BENGALURU-562130. 16. SMT. VANAJAKSHI, W/O.SRI.MANJUNATH, D/O.SRI. MANJUNATH, AGED ABOUT 38 YEARS, R/A.BETTAHALLI VILLAGE, KUDUR HOBLI, MAGADI TALUK, RAMANAGAR DISTRICT-561101. 17. SMT. SOUMYA, W/O.SRI.MADHUSUDHAN, D/O.LATE SRI. MANJUNTH, AGED ABOUT 35 YRS, R/A.DASANAPURA VILLAGE, - 16 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 DASANAPURA HOBLI, BENGALURU NORTH TALUK-562162. 18. SMT. YASHODAMMA, W/O.LATE MUNIRAJU, AGED ABOUT 53 YEARS, R/A.NO.307, PAVANASUTA NILAYA, VINAYAKA LAYOUT, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562162. 19. SMT.RAJANI W/O.HARISH KUMAR D.M, D/O.LATE MUNIRAJU, AGED ABOUT 34 YEARS, R/A.VINAYAKA LAYOUT, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562162. 20. SRI.SHASHISHEKARA, S/O.LATE MUNIRAJU, AGED ABOUT 30 YEARS, R/A.NO.307, PAVANASUTA NILAYA, VINAYAKA LAYOUT, DASANAPURA HOBLI, BENGALURU NORTH TALUK BENGALURU-562162. 21. SMT. RANGAMMA, W/O.SRI.ARASAPPA D/O.LATE SRI. DEVANNA, AGED ABOUT 58 YEARS R/A. VAJARAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK-562123. - 17 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 22. SRI. KIRAN KUMAR, S/O.SRI.ARASAPPA AGED ABOUT 27 YEARS R/A. VAJARAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK-562123. 23. SMT. KEERTHI D/O.SRI.ARSAPPA, AGED ABOUT 33 YEARS, R/A. VAJARAHALLI VILLAGE, KASABA HOBLI, NELAMANGALA TALUK-562123. 24. M/S.CLASSIC LAND DEVELOPERS, A REGISTERED PARTNERSHIP FIRM HAVING ITS BUSINESS AT NO.1, ADAKAMARANAHAI, 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, R/A.NO.7, 13TH CROSS, S.P.EXTN, MALLESHWARAM, BENGALURU-3. 25. SRI.H.C.RAMESH, S/O.LATE H.C.CHANNAPPA, AGED ABOUT 63 YARS, R/A.NO.36, 11TH CROSS, SREERAMPURAM, BENGALURU-560021. - 18 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 26. SRI.C.GANGAIAH, SECRETARY OF M/S.BALAJI TOWNSHIP WELFARE ASSOCIATION HAVING OFFICE AT NO.205, 1ST MAIN ROAD, SUBRAMANYA NAGAR, BENGALURU-560021. 27. SMT. REVATHI B.S D/O.SRI.B.K.SESHADRI, AGED ABOUT 41 YEARS, R/A.NO.1618, B BLOCK, SAHAKARA NAGAR BENGALURU-560092. 28. SMT. RAMANI B.S D/O.SRI.B.K.SESHADRI, AGED ABOUT 41 YEARS, R/A.NO. 1618, B BLOCK, SAHAKARA NAGAR BENGALURU-560092. 29. SRI. MANJUNATH K.H S/O.LATE K.L.HANUMANTHAPPA AGED ABOUT 48 YEARS, R/A. NO.7, 15TH C CROSS, 16TH MAIN ROAD, MUTHYALANAGAR, BANDAPPA GARDEN, BENGALURU-560054. 30. SRI. OBALAPPA LINGAPPA S/O. LATE LINGAPPA AGED ABOUT 54 YEARS, R/A. VEEGOLD, NO.422, 2ND A CROSS, 4TH MAIN ROAD, OMBAR LAYOUT, - 19 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 BHUVANAGIRI, BENGALURU-560043. 31. SMT. LAKSHMI M.G W/O.SRI.S.A.NARAYAN, AGED ABOUT 78 YEARS, R/A.NO. 109, A BLOCK, CIL COLONY, SANJAYANAGAR, BENGALURU-560094. 32. SRI. HARISH B.S S/O.SRI.B.K.SESHADRI, AGED ABOUT 42 YEARS, R/A.NO.27, 1ST CROSS, MODEL COLONY, YESHWANTHPUR, BENGALURU-560022. 33. SMT. CHITRA P.S W/O.R.SEETHA RAMA, AGED ABOUT 58 YEARS, R/A.NO208, NAVAMI SIMPHONY, BANGARAPPA NAGARA, RAJARAJESHWARI NAGARA, BENGALURU-560072. 34. SRI. KARTHIK K KULKARNI S/O.SRI.D.V.KRISHNA RAO, AGED ABOUT 44 YEARS, REPRESENTED BY HIS DULY CONSTITUTED ATTORNEY SRI.D.V.KRISHNA RAO, S/O.LATE D.S.VENKATARAM BOTH ARE R/A.RUP REKHA, - 20 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 CIL COLONY A BLOCK, SANJAYNAGAR, BENGALURU-560094 35. SRI. RAGHAVENDRA RAO P.S S/O.P.R.SADASHIVA RAO, AGED ABOUT 53 YEARS, NO.208, NAVAMI SIMPHONY, BANGARAPPANAGARA, RAJA RAJESHWARI NAGARA, BENGALURU-560072. 36. SMT. LILLY RODRIGUES W/O.LATE DANIEL RODRIGUES, AGED ABOUT 73 YEARS, R/A. AKSHAYA, NO. 1257, KALIYAMMA TEMPLE ROAD, T.DASARAHALLI, BENGALURU-560057. 37. SRI KANTHA RAJ M.C S/O. LATE CHANDRAPPA, AGED ABOUT 43 YEARS, NO.A-803, VAISHNAVI, NAKSHATRA APARTMENT. PHASE-1 YESHWANTAPURA, BENGALURU-560022. 38. SMT. K. VISHALAKSHI W/O.SRI. NAGARAJ K. AGED ABOUT 64 YEARS. R/A.NO. 1274/A, HOYSALA, ASHOK NAGAR, MANDYA-571401. 39. SMT.S.SARASWATHI W/O.SRI.B.S. NARASIMHA MURTHY, AGED ABOUT 68 YEARS, R/A.NO. 1356, 1ST CROSS, - 21 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 NEHRU NAGAR, MANDYA-571401. 40. SMT.N.LAKSHMI W/O.S.NAGENDRA KUMAR, AGED ABOUT 50 YEAR, R/A.NO.668, AMRUTHA NILAYA 1ST STAGE, 3RD MAIN, ARAVINDANAGAR, MYSORE-570023 REPRESENTED BY HER GPA HOLDER SRI S NAGENDRA KUMAR S/O LATE G R SATHYANARAYANA SHETTY R/A NO 668, AMRUTHA NILAYA 1ST SGAGE 3RD MAIN ARAVINDANAGAR, MYSORE 570023. 41. SRI B R PRADEEP S/O SRI B L RAMA RAO AGE ABOUT 38 YEARS R/A NO 656 21ST CROSS II BLOCK RAJAJINAGAR BENGALURU 560010. 42. SRI KARTHIK S S/O SRI V SREEIVASA MURTHY AGE ABOUT 45 YEARS R/A NO KL 151, SRI RAGHAVENDRA KRUPA 9TH CROSS-EXAMINATION, VISHWESHWARAIAH NAGAR KALLAHALLI SOUTH MANDYA 571401 REP BY HIS GENERAL POWER ATTORNEY HOLDER SRI V SREENIVASA MURTHY - 22 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 AGE ABOUT 76 YEARS R/A NO KL 151SRI RAGHAVENDRA KRUPA 9TH CROSS VISHWESHWAIRAH NAGAR KALLAHALLI SOUTH MANDYA 571401. 43. SRI.V.SRINIVASA MURTHY MAJOR IN AGE, R/A.NO.KL 151, SRI RAGHAVENDRA KRUPA 9TH CROSS, VISHWESHWARAIAH NAGAR, KALLAHALLI SOUTH, MANDYA-571401. 44. SRI.P.Y YADUNANDAN S/O.SRI.P.K.VARAHA MURTHY ACHAR, AGED ABOUT 48 YEARS, R/A.NO.37/1, 5TH MAIN ROAD, BENGALURU-560018. 45. SMT. VINODA BHAT W/O.SRI.P.S.VITTALA, AGED ABOUT 60 YEARS, R/A.NO.T-11, PERODY PALACE APARTMENT, NO.54, VIJAYA SHREE LAYOUT, KODI CHIKKANAHALLI, BENGALURU-560076. 46. SRI. VARADARAJAN P.K S/O.K.N.MANI IYER, AGED ABOUT 65 YEARS, R/A.B-12, SASHANK FLORENTO, AMBA BHAWANI TEMPLE ROAD, DODDABETTAHALLI, VIDYARANGAPURA POST OFFICE, BENGALURU-560097. - 23 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 47. SRI.MANOHAR K.N S/O.LATE SRI. K.NARASIMHA MURTHY, AGED ABOUT 63 YEARS, R/A. MALNAD MEDICALS, AZAD ROAD, THIRTHAHALLI, SHIVAMOGGA DISTRICT -577432. 48. SRI. MOHAN K.N S/O.SRI.K.NARASIMHA MURTHY, AGED ABOUT 55 YEARS, R/A. MALNAD MEDICALS, AZAD ROAD, THIRTHAHALLI, SHIVAMOGGA DISTRICT -577432. 49. SRI. MURALIDHAR K.N S/O. LATE SRI. K.NARASIMHA MURTHY, AGED ABOUT 66 YEARS, R/A. MALNAD MEDICALS, AZAD ROAD, THIRTHAHALLI, SHIVAMOGGA DISTRICT -577432. 50. SRI.K.R.JAGADISH S/O LATE ,DR.RAMA BHAT, AGED ABOUT 74 YEARS, R/A. DENTAL SURGEON, AZAD ROAD, THIRTHAHALLI, SHIVAMOGGA DISTRICT-577432. 51. SRI.DR.RAVI H.B S/O.SRI. BOKKE GOWDA, AGED ABOUT 55 YEARS, R/A. NO.1584/1-1, K.R.ROAD, VIDYANAGAR, MANDYA-571401. 52. SRI.T.N. KRISHNA MURTHY S/O.LATE SRI.T.N.NARASIMHA MURTHY, - 24 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 AGED ABOUT 68 YEARS, R/A. NO. 102/1-1, BHAGYASHREE NILAYA, 8TH CROSS ROAD DOWN, MALLESHWARAM, BENGALURU-560003. 53. SMT. MANJULA RAMESH W/O.SRI.C.S.RAMESH, ABOUT 51 YEARS, R/A.NO.DOOR NO.17-B, 14TH BLOCK, SBM COLONY, SRIRAMAPURAM 2ND STAGE, MYSORE-570023 REPRESENTED BY HER GPA HOLDER SRI.C.S.RAMESH S/O.SHESHAGIRI RAO, AGED ABOUT 61 YEARS, R/A.NO.DOOR NO. 17-B, 14TH BLOCK, SBM COLONY, SRIRAMAPURAM 2ND STAGE, MYSORE-570023. 54. SMT. N.NAGALATHA BADARI PRASAD W/O.SRI.R.BADARI PRASAD, AGED ABOUT 55 YEARS, R/A.(OLD NO.16/1) NO.31, 8TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560003. 55. SRI. R.BADARI PRASAD S/O.LATE A.M.RAMANATHA RAO, AGED ABOUT 60 YEARS R/A. (OLD NO.16/1) NO.31, 8TH CROSS, SWIMMING POOL EXTENSION, MALLESHWARAM, BENGALURU-560003 56. SMT.SARASWATHI R W/O.SRI.S.R.SANKARAN, - 25 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 AGED ABOUT 68 YEARS, R/A.NO.93, D POCKET, 1 MAYUR VIHAR, DELHI-110091 REPRESENTED BY HER GPA HOLDER SRI.P.K.VARADARAJAN, S/O. LATE SRI.N.K.MANI LYER, R/A.NO.B-012, SASHANK FLORENTO, AMBA BHAWANI TEMPLE ROAD, VIDYARANYAPURA PO, BENGALURU - 570 097 57. SRI.M.KRISHNAN S/O.SRI.K.MUNISWAMY, AGED ABOUT 74 YEARS, R/A.NO.76, 5TH MAIN, II PHASE, W.C.R MANJUNATHANAGAR, RAJAJINAGAR. BENGALURU-560010 58. SRI.K.V.SETTY S/O.KRISHNAIAH SETTY, AGED ABOUT 69 YEARS R/A.NO.51, SREE GAYATHRI GANESH MANDIR WARD, 6TH MAIN ROAD, 4TH PHASE, 7TH BLOCK, BSK 3RD STAGE BENGALURU-560085 59. RAKESH V, S/O.SRI.K.V.SETTY AGED ABOUT 38 YEARS, R/A.NO.51, SREE GAYATHRI GANESH MANDIR WARD, 6TH MAIN ROAD, 4TH PHASE, 7TH BLOCK, BSK 3RD STAGE BENGALURU-560085 - 26 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 60. SRI.V.VINAY S/O.SRI.K.V.SETTY, AGED ABOUT 38 YEARS R/A.NO.51, SREE GAYATHRI GANESH MANDIR WARD, 6TH MAIN ROAD, 4TH PHASE, 7TH BLOCK, BSK 3RD STAGE BENGALURU-560085 61. SMT.MANJULA CHANDRASHEKARA W/O.SRI.P.CHANDRASHEKARA, AGED ABOUT 52 YEARS, R/A.NO.1337, 3RD MAIN ROAD, 5TH B CROSS, PRAKASH NAGAR, BENGALURU-560021 62. SMT. USHA PRADEEP W/O.K.P.PRADEEP, AGED ABOUT 48 YEARS, R/A.NO.853/A, PANCHAVADI, 10TH CROSS, DEVANARAPALYA, BENGALURU-560054 …RESPONDENTS (BY SMT.SARITHA KULKARNI, AGA FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (A) ISSUE WRIT OF MANDAMUS TO RESPONDENTS NOS.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 - 27 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 ILLEGAL FORMATION OF LAYOUT ON SCHEDULE PROPERTY AND TAKE STEPS TO INITIATE CRIMINAL PROSECUTION AGAINST RESPONDENTS NO.10 TO 23 AND RESPONDENTS NO.26 TO 62 FOR FORMING AN ILLEGAL LAYOUT WITHOUT TAKING PERMISSION FROM COMPETENT AUTHORITIES RESPONDENTS NO.5 TO 9 FORTHWITH. 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 have filed these petitions for directions to the jurisdictional Tahsildar to take action against the private respondents to stop them from changing the nature of the lands that are described in the petition as scheduled properties. Mr. H.C.Shivaramu, the learned counsel for the petitioners, 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 - 28 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 been created in favour of the petitioners therein, the private respondents claiming under them are trying to change the nature of the subject properties and that the fourth respondent is under a statutory obligation to ensure action is taken. The learned counsel asserts that the subject properties are not diverted from agricultural to residential purposes and no e-katha is issued. 2. Mrs. Saritha Kulkarni, the learned Additional Government Advocate who is called upon to accept notice for the respondents, is heard. This Court must observe that the petitioners have adverted to multiple pending proceedings and the proceedings 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 - 29 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 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 petitioners have filed applications with the civil Court for temporary injunction against changing the nature of the properties. 4. At this stage, Mr.H.C.Shivaramu submits that the petitioners are 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 layout. This Court is of the view that the petition must be disposed of but with liberty to the petitioners to place a certified copy of this order in the pending suits with a request to the civil Court to consider the - 30 - HC-KAR NC: 2026:KHC:4037 WP No.135 /2026 C/W WP No.139/2026 application for injunction subject to their board expeditiously. The petitions stand disposed of accordingly. SD/- (B M SHYAM PRASAD) JUDGE SA List No.: 1 Sl No.: 11