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2026 DAILYLAW 48142 (KAR)

SRI. A. M. SRINIVASA PRASAD v. SHANTHINIKETHAN RESIDENTS ASSOCIATION

WA/763/2025 · 2026-01-22

D K Singh, S Rachaiah

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3547-DB WA No. 763 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 763 OF 2025 (BDA) BETWEEN: 1. SRI. A. M. SRINIVASA PRASAD SON OF LATE MUNINARAYANAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO. 149, 7TH CROSS, 20TH MAIN, 2ND STAGE, J. P. NAGAR, BANGALORE - 560 078. (SENIOR CITIZEN BENEFIT NOT CLAIMED) …APPELLANT (BY SRI. KRISHNA MURTHY V, ADVOCATE) AND: 1. SHANTHINIKETHAN RESIDENTS ASSOCIATION NO. 87, ROW HOUSES, VYSYA BANK COLONY, SHANTHINIKETHAN LAYOUT, B.G. ROAD ARAKERE, BENGALURU - 560 076. REPRESENTED BY ITS PRESIDENT AND AUTHORIZED SIGNATORY, SRI. M. V. S. APPA RAO. 2. BENGALURU DEVELOPMENT AUTHORITY KUMARA PARK WEST, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3547-DB WA No. 763 of 2025 T. CHOWDAIAH ROAD, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER. 3. M/S. SHANTI BUILDERS M/S. SHANTI FLAT BUILDERS AND M/S. ENGINEERING CONSTRUCTION, UNIT NO. 306, 3RD FLOOR, CEARS PLAZA, 136, RESIDENCY ROAD, BENGALURU - 560 025, REPRESENTED BY ITS AUTHORIZED SIGNATORY, SRI. KUPPARAJU. 4. BRUHAT BENGALURU MAHANAGARA PALIKE HEAD OFFICE, CORPORATION CIRCLE, HUDSON CIRCLE, BENGALURU - 560 002. REPRESENTED BY ITS COMMISSIONER. …RESPONDENTS (BY SRI. JANARDHANA G, ADVOCATE FOR R1; SRI. K B MONESH KUMAR, ADVOCATE FOR R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE IMPUGNED FINAL ORDER DATED 03.12.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No-14427/2021 (BDA) AND ETC., THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:3547-DB WA No. 763 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present appeal has been filed impugning the order dated 03.12.2024 passed by the learned Single Judge in W.P No.14427/2021. 2. The learned Single Judge has disposed of the writ petition in W.P No.14427/2021 filed by the Shanti Niketan Residents Welfare Association on the statement made by the learned counsel for Bruhat Bengaluru Mahanagara Palike (BBMP) that the BBMP would take necessary steps to reclaim the civic amenity sites reserved for the development of park, playground, hospital etc., as specified in the development plan and the agreement between the BBMP and the developer which have been allegedly encroached and trespassed. The learned Single judge has also directed the BBMP to comply with the directions issued by the Division Bench of this Court in W.P No.35617/2012 which was disposed of on 15.02.2016 within six months from the date of the receipt of the certified copy of the order. - 4 - HC-KAR NC: 2026:KHC:3547-DB WA No. 763 of 2025 3. We do not think that anyone can be aggrieved from such a direction for removal of encroachment and respondent No.4/BBMP following the directions passed by this Court in another W.P No.35617/2012. We find no merit in this appeal, therefore, we dismiss this appeal. In view of the dismissal of this writ appeal, pending IA’s, if any, stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 2