- 1 - HC-KAR NC: 2026:KHC:2227 WP No. 37634 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.37634 OF 2025 (LB-RES) BETWEEN: SRINIDHI GARDEN RESIDENTS WELFARE ASSOCIATION NO.85, KAGGALIPURA VILLAGE, UTTARI ROAD, KANAKAPURA MAIN ROAD, UTTARIHALLI HOBLI, BANGALORE – 560 082. REP. BY ITS PRESIDENT, G.K SHIVANNA. …PETITIONER (BY SRI. NAGARAJ S.JAIN, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT, 3RD GATE, 3RD FLOOR, M.S.BUILDING, DR. AMBEDKAR VEEDI, BENGALURU – 560 001. 2. DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BANGALORE – 560 009. 3. PANCHAYATH DEVELOPMENT OFFICER, KAGGALIPURA VILLAGE PANCHAYATHI, BANGALORE SOUTH TALUK, BANGALORE – 560 082. Digitally signed by RAMYA D Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2227 WP No. 37634 of 2025 4. GENERAL MANAGER (GRAMEENA SAMPARKA), BESCOM, K. R CIRCLE, BANGALORE – 560 001. 5. EXECUTIVE ENGINEER, TRANSMISSION CENTRE AND SUB-TRANSMISSION CENTRE, KPTCL, SOMANAHALLI, KANAKAPURA MAIN ROAD, BANGALORE - 560 082. 6. ASSISTANT EXECUTIVE ENGINEER, K-3 SUB-DIVISION, KAGGALIPURA, BANGALORE – 560 082. 7. R.V.VENKATAPPA, S/O LATE R.V VENKATAPPA, AGED 65 YEARS, RESIDING AT NO.132, 6TH CROSS, 5TH MAIN, PADMANABHANAGARA, BANGALORE – 560 070. 8. RIYAZ AHAMED BASHA, (FATHER'S NAME NOT KNOWN TO THE PETITIONER) AGED 55 YEARS, SRINIDHI GARDEN, UTTARI ROAD, KANAKAPURA MAIN ROAD, BANGALORE – 560 082. …RESPONDENTS (BY SRI. BOPPANNA BELIYAPPA, AGA FOR R1 AND R2; SRI. K.M.PRAKASH, ADVOCATE FOR R3; SRI. H.V.DEVARAJU, ADVOCATE FOR R4 TO R6; SRI. S.K.ACHARAYA, ADVOCATE FOR R7 AND R8) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NOS.1 TO 6 TO REMOVE THE ILLEGAL - 3 - HC-KAR NC: 2026:KHC:2227 WP No. 37634 of 2025 BUILDING/SHED CONSTRUCTED IN THE LAND RESERVED FOR PARK IN THE LAYOUT PLAN AS MARKED AT ANNEXURE-F ISSUED BY THE RESPONDENT NO.3 RELATING TO SRINIDHI GARDEN, RESIDENTIAL LAYOUT COMPRISED IN SY.NOS.74 AND 75 OF KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, SITUATED AT UTTARI ROAD, KANAKAPURA MAIN ROAD, BANGALORE, IMMEDIATELY AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The petitioner is before this Court seeking for the following reliefs: “PRAYER WHEREFORE, it is respectfully prayed that this Hon'ble Court be pleased to: a) Issue a writ in the nature of Mandamus directing the Respondent Nos.1 to 6 to remove the illegal building/shed constructed in the land reserved for park in the layout plan as marked at Annexure-F issued by the Respondent No.3 relating to Srinidhi Garden, residential layout, comprised in Sy.Nos.74 and 75 of Kaggalipura Village, Uttarahalli Hobli, Bangalore South Taluk, situated at Uttari Road, Kanakapura Main Road, Bangalore immediately. b) Issue a Writ in the nature of mandamus directing the Respondent No.3 to develop the park in the said layout as per Annexure-D issued and approved by the Respondent No.3. - 4 - HC-KAR NC: 2026:KHC:2227 WP No. 37634 of 2025 c) Pass any other order/s or grant any other relief/s as deemed fit by this Hon'ble court in the facts and circumstances of the case, in the interest of justice.” 2. The petitioner is claimed to be the registered association of residents of Srinidhi Garden formed out of land comprised in Survey Nos.74 and 75 of Kaggalipura Village, Uttarahalli Hobli, Bangalore South Taluk. The allegation made by the petitioner is that respondent No.7 having formed the layout has permitted respondent No.8 to put up construction on a portion of the property, which has been reserved for park purposes. In pursuance of which, a representation has been submitted by the petitioner to the respondents, which are official respondents, which have not been considered by them. It is in that background, the petitioner is before this Court seeking for the aforesaid reliefs. 3. Notice having been issued, Sri S.K.Acharya, learned counsel for respondent Nos.7 and 8 submits that the suit has been filed, which is pending where no order of - 5 - HC-KAR NC: 2026:KHC:2227 WP No. 37634 of 2025 injunction has been passed and the petitioner has initiated this parallel proceeding. 4. What has been sought for in the present matter is a mandamus directing the respondents to consider the representation of the petitioner and remove the alleged illegal building. This aspect would have to be considered by respondent No.3 on verification of the documents, conducting an enquiry including providing an opportunity to respondent Nos.7 and 8 to place their documents on record. These aspects cannot be gone into at this stage in the present writ petition. 5. In that view of the matter, I pass the following ORDER (i) The petition is allowed. (ii) A writ of mandamus is issued directing respondent No.3 to consider the representation of the petitioner dated 22.07.2025 at Annexure-J in - 6 - HC-KAR NC: 2026:KHC:2227 WP No. 37634 of 2025 accordance with law by providing an opportunity to the respondents to submit their documents. (iii) Since, the order is passed in the presence of all the counsels, respondent Nos.7 and 8 shall submit their documents, to respond to their written submission or the like without requirement of any further notice on or before 09.02.2026. (iv) Respondent No.3 is directed to consider the representation submitted by the petitioner and the documents submitted by the respondent Nos.7 and 8 and pass necessary orders thereon within a period of six weeks thereafter. (v) In the event of any of the construction being found to be illegal or in violation of the sanctioned plan, respondent No.3 would always be at liberty to remove the said construction, if any, put up by respondent No.8 and respondent No.8 will not be entitled to claim any equities as regard the construction put up and being put up by - 7 - HC-KAR NC: 2026:KHC:2227 WP No. 37634 of 2025 respondent No.8 pending consideration by respondent No.3 SD/- (SURAJ GOVINDARAJ) JUDGE PB List No.: 2 Sl No.: 28