Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:5780 WP No. 2637 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 2637 OF 2026 (LB-RES) BETWEEN:
SRI. JAYARAM S/O. SEETHAPPA AGED ABOUT 66 YEARS, R/AT NO.130/2, SEETHAPPA GARDEN HOUSE, T.C. PALYA ROAD, DOORVANI NAGARA POST, RAMAMURTHY NAGARA, BENGALURU-560 001
…PETITIONER (BY SRI. MALLIKARJUN N.K., ADVOCATE)
AND:
1. CHIEF COMMISSIONER GREATER BENGALURU AUTHORITY (GBA) HUDSON CIRCLE, N.R. SQUARE, BENGALURU-560 002
2. THE COMMISSIONER GREATER BENGALURU AUTHORITY (GBA) BENGALURU EAST CITY CORPORATION, UTILITY BUILDING, M.G. ROAD, BENGALURU-560 001 …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE)
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2026:KHC:5780 WP No. 2637 of 2026
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED: 26.07.2024 AND 16.12.2024 VIDE ANNEXURE-A AND B.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Sri Pawan Kumar, learned counsel accepts notice for respondents. 2. Petitioner is before this Court seeking for the following reliefs:
i) Issue writ in the nature of Mandamus directing the Respondents to consider the representations dated 26-07-2024 and 16- 12-2024 vide Annexure-A and B.
ii) Issue writ in the nature of mandamus to remove the compound wall put up on schedule property as per Section 216 of the Greater Bengaluru Governance Act 2024 as can be seen at photographs at Annexure-E and F.
iii) Pass such other or further orders as this Hon'ble Court deems fit in the facts and circumstances of the above case, in the interest of Justice and Equity. - 3 -
HC-KAR NC: 2026:KHC:5780 WP No. 2637 of 2026
3. The grievance of the petitioner is that a construction has been put up by unknown persons in front of the house of the petitioner on a public road. The representations submitted by the petitioner on 26.07.2024 and 16.12.2024 at Annexures - 'A' and 'B' have not been considered by respondents and action taken in terms of Section 216 of the Greater Bengaluru Governance Act, 2024 and it is in that background that the petitioner is before this Court seeking for the aforesaid reliefs. 4.
Public streets and roads forming a right to access which comes within the purview of Article 21 of the Constitution is required to be upheld by the Greater Bengaluru Authority ('GBA' for short) and it is required for the GBA to ensure that there is no obstruction to any public street or road. A categorical submission has been made by the petitioner that a wall has been built on a public street. It was but required for the respondents to have enquired into matter and taken necessary action if such construction has been put up on a
- 4 -
HC-KAR NC: 2026:KHC:5780 WP No. 2637 of 2026
public street, to remove the said obstruction forthwith. Neither having been done, I pass the following:
O R D E R i) The petition is allowed. ii) A mandamus is issued directing respondents to consider the representations of petitioner dated 26.07.2024 and 16.12.2024 at Annexures - 'A' and 'B' and verify if a construction has been put up, if so whether it has been put up on a public street and thereafter take necessary action under Section 216 of the Greater Bengaluru Governance Act, 2024 within a period of 15 days from today. SD/- (SURAJ GOVINDARAJ) JUDGE
GSS List No.: 2 Sl No.: 9