Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:3737 WP No. 39014 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 39014 OF 2025 (LB-BMP) BETWEEN:
1.
SRI. D. ARMUGAM CHETTIAR S/O. THE LATE DORAISWAMY CHETTIAR, AGED ABOUT 75 YEARS, RESIDING AT NO.257, SEPPINGS ROAD, SHIVAJINAGAR, BENGALURU - 560 001.
2.
SMT. BHUVANESHWARI W/O. THE LATE BALAMURUGAN, AGED ABOUT 52 YEARS, RESIDING AT NO.132, MAKHAN ROAD, BHARATHINAGAR, BENGALURU - 560 001. …PETITIONERS (BY SRI. JANARDHANA G, ADVOCATE) AND:
1.
THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, HEAD OFFICE, N.R. SQUARE HUDSON CIRCLE, BENGALURU - 560 002.
2.
THE ASSISTANT ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, BBMP WARD OFFICE NO.91 HALASURU, BENGALURU - 560 008.
3.
THE COMMISSIONER OF POLICE (TRAFFIC) INFANTRY ROAD, BENGALURU - 560 001.
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:3737 WP No. 39014 of 2025
4.
DR. B.R. AMEDKAR BADAVARA HITHARAKSHANA SAMITI (REGISTERED UNDER SOCIETY REGISTRATION ACT) JAI BHIM (R), NO.A-5, IYANNA BLOCK, BENGALURU - 560 033.
REPRESENTED BY ITS PRESIDENT, SRI. KUMAR. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2;
SRI. BOPPANNA BELIYAPPA, AGA FOR R3)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO REMOVE THE BOARD FIXED ON THE PETITIONERS SHOP NO.A-5 IYANNA BLOCK, BENGALURU 560033 IN TERMS OF THE UNDERTAKING GIVEN BEFORE THE LOK-ADALATH ORDER DTD. 12.07.2025 ANNX-F AND ANNX-G TO CONSIDER THE REPRESENTATION WITHIN 8 WEEKS FROM THE DATE OF JOINT MEMO.
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. Petitioners are before this Court seeking for the following reliefs: (a) Issue a writ of mandamus, directing the Respondents 1 to 3 to remove the Board fixed on the petitioners shop No.A-5, Iyanna Block, Bengaluru-560033, in terms of the undertaking given before the Lok- adalath order dated: 12.07.2025 vide ANNEXURE: F AND ANNEXURE G to consider the representation within 8 weeks A from the date of Joint Memo; And
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HC-KAR NC: 2026:KHC:3737 WP No. 39014 of 2025
(b) Grant any other writ, order or direction as this Hon'ble Court deems fit to grant to the petitioner in the circumstances of the case. 2. The grievance of the petitioners is that there is a board which has been affixed in front of the petitioners' shop abutting the footpath. It not only blocks the entry to the petitioners' shop but also causes obstruction in the use of the footpath and the road where parking facility has been made available. In that background, the petitioners having submitted a representation, the said representation not having been considered, the petitioners are before this Court. 3. The submission of Sri. Janardhana G., learned counsel for the petitioners is that the petitioners have been made to run from pillar to post. Once earlier, when such a board had been installed, the petitioners had approached this Court by filing W.P.No.7677/2023 vide order dated 16.02.2024, this Court, observing the report which had been submitted by the BBMP for removal of the obstruction, had taken the same on record and disposed of the matter. - 4 -
HC-KAR NC: 2026:KHC:3737 WP No. 39014 of 2025
4. Subsequently, soon thereafter, his submission is that the board has been again affixed and the BBMP has not taken any action. It is a bounden duty on the part of the officers of the BBMP to ensure that the footpath and the road are kept without any obstruction and the usage of the same is not impeded by anyone. This is a case where the petitioners have been forced to approach this Court for the second time complaining of the very same issue and the respondents/BBMP have not taken any action.
In that view of the matter, I am of the considered opinion that a necessary enquiry would have to be initiated against respondent No.2 to ascertain as to what action respondent No.2 had taken on the complaint of the petitioners and if no action had been taken, why it has not been so taken, the non-taking of such action amounting to an abdication of duties. In that view of the matter, I pass the following:
ORDER i) Writ petition is disposed of.
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HC-KAR NC: 2026:KHC:3737 WP No. 39014 of 2025
ii) Respondent No.2 is directed to forthwith remove the board, which has been affixed on the footpath / road abutting the shop of the petitioners and to ensure that henceforth there is no board which is affixed on any footpath or road in its jurisdiction. iii) Respondent No.1 is directed to cause an enquiry into the actions or inactions on the part of respondent No.2 and submit a report thereon, within four weeks from today. iv) Though the above petition stands disposed of, re-list on 23.02.2026 for respondent No.1 to submit his report.
SD/- (SURAJ GOVINDARAJ) JUDGE
GJM List No.: 2 Sl No.: 3