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2026 DAILYLAW 6628 (KAR)

M/S VIJAYA BUILDING MATERIALS v. STATE OF KARNATAKA

WP/8830/2026 · 2026-03-16

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15705 WP No. 8830 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.8830 OF 2026 (LB-BMP) BETWEEN: 1. M/S. VIJAYA BUILDING MATERIALS 522, IV PHASE, BEHIND III STAGE PEENYA INDUSTRIAL AREA, BANGALORE-560 058 REPRESENTED BY ITS MANAGING PARTNER MR. H.B. RUDRESH. …PETITIONER (BY SMT. ASHWINI PATIL, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF MINOR IRRIGATION AND GROUND WATER DEVELOPMENT, #208, 2ND FLOOR, VIKASA SOUDHA, BENGALURU- 560 001. 2. BENGALURU WEST CITY CORPORATION (ZONE 1), 3RD BLOCK, 2ND MAIN ROAD, 2ND AND 4TH CROSS ROAD, NEAR BWSSB WATER TANK, H.T.M LAYOUT, NAGASANDRA (POST), BENGALURU-560 073. 3. EXECUTIVE ENGINEER, PEENYA INDUSTRIAL AREA DIVISION, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15705 WP No. 8830 of 2026 BENGALURU WEST CITY CORPORATION, ZONE-1, 3RD BLOCK, 2ND MAIN ROAD, 2ND AND 4TH CROSS ROAD, NEAR BWSSB WATER TANK, H.T.M. LAYOUT, NAGASANDRA (POST), BENGALURU-560 073. 4. KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD, 14/3, 2ND FLOOR, RASHTROTHANA PARISHAT BUILDING, NRUPATHUNGA ROAD, BANGALORE-560 002. …RESPONDENTS (BY SRI. BOPANNA BELLIAPPA, AGA., FOR R.1; SRI. PAWAN KUMAR, ADVOCATE FOR R.2 AND R.3; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R.4) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE DATED 02.03.2026 BEARING NO.¨ÉA.¥À.£À.¥Á./PÁ.C/¦Ã.PÉÊ.¥Àæ..«/¦Dgï/2025-26 PRODUCED AS ANNEXURE-A ISSUED BY THE RESPONDENT NO.3, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2026:KHC:15705 WP No. 8830 of 2026 ORAL ORDER 1. Proceedings have been initiated against the petitioner by respondent Nos.2 and 3, alleging that the construction has been put up by encroaching a lake adjoining the property of the petitioner. In this regard, respondent No.3 issued a notice dated 02.03.2026 vide Annexure-'A' to the writ petition to the petitioner directing the petitioner to appear before it on 06.03.2026. 2. The case of the petitioner is that the said notice was actually served on him on 12.03.2026 and if reasonable time would be given to the petitioner to show that he has not encroached upon the lake, as alleged, and has put up construction on the property allotted to him by KIADB. 3. If any action is contemplated against the petitioner herein, a reasonable opportunity of hearing is required to be given by the authorities concerned. Under the circumstances, in my opinion, interest of justice would be met if reasonable opportunity is given to the petitioner to reply to the notice dated 02.03.2026 vide Annexure-'A' to the writ petition. Hence the following:- - 4 - HC-KAR NC: 2026:KHC:15705 WP No. 8830 of 2026 ORDER i. The writ petition is disposed of. ii. Petitioner shall submit its reply to the impugned notice dated 02.03.2026 to respondent no.3 on or before 02.04.2026. iii. Petitioner shall appear before respondent No.3 on 02.04.2026 at 3.00 p.m. iv. Respondent No.3 shall examine the records submitted by the petitioner and thereafter take appropriate decision in accordance with law. v. Till such a decision is taken, no precipitative action will be taken against the petitioner. Sd/- (M.I.ARUN) JUDGE VMB List No.: 3 Sl No.: 1