- 1 - HC-KAR NC: 2026:KHC:15066 WP No. 7983 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 7983 OF 2025 (LB-RES) BETWEEN: 1. HANUMANTARAYAPPA S/O LATE BHAILAPPA AGED ABOUT 70 YEARS R/O HOUSE-NO.83, KHB COLONY JARAKHA BANDE KAVAL KRISHNANDA NAGAR NANDINI LAYOUT, 1ST MAIN RAOD 5TH CROSS RAOD, BENGALURU-96. …PETITIONER (BY SRI. HALLI SHANTAPPA BASAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA KARNATAKA HOUSING BOARD CAUVERY BAHAVAN, K.G.ROAD BENGALURU-560 009. REP. BY ITS SECREATARY. 2. ASSISTANT EXECUTIVE ENGINEER, KHB BENGALURU URBAN PROJECT OFFICE 5TH FLOOR, CAUVERY BAHAVAN BENGALURU-560 009. …RESPONDENTS (BY SRI. H.L.PRADEEP, ADVOCATE) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED NOTICE BEARING NO.KHB/AEE/BCDSO/294/2023- 24 DATED 27/02/2025, ISSUED BY RESPONDENT NO-2 VIDE ANNEXURE-H AND ETC. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15066 WP No. 7983 of 2025 THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the notice issued by respondents-Karnataka Housing Board (KHB) dated 27.02.2025 bearing No.PÀUÀȪÀÄA/¸ÀPÁC/¨ÉA£ÀfAiÉÆÃPÀ/294/2023-24 vide Annexure-H to the writ petition. 2. Respondent no.1-KHB formed a layout and has allotted site no.83 of KHB Colony, Jarakh Bande Kaval, Krishnanda Nagar, Nandini Layout to the petitioner. Upon receiving complaints from the owners of adjacent sites i.e. owners of site nos.82 and 84 that the petitioner has encroached upon their properties and has put up construction, respondent no.2 visited the spot, measured the same and found the allegation to be true, and hence has issued the notice at Annexure-H to the writ petition calling upon the petitioner herein to remove the encroachment, failing which respondent no.2 would take appropriate action against the petitioner. - 3 - HC-KAR NC: 2026:KHC:15066 WP No. 7983 of 2025 3. Respondent no.1 is an authority which is having the power to acquire land, form layout and sell the sites/houses in favour of third parties. Once the same are sold, it is the lookout of the third parties to safeguard their property in the manner known to law. Respondents are not empowered to interfere on behalf of the purchasers and issue notices like what has been issued in the instant case. 4. In the instant case admittedly, site Nos.82, 83 and 84 having already been alienated and if the petitioner who is owner of site no.83 encroaches upon the property at site nos.82 or 84, then the said owners have every right under law to approach the Civil Court and redress their grievances. No person has a right to encroach upon property of another. 5. For the aforementioned reasons, the notice dated 27.02.2025 vide Annexure-H to the writ petition is hereby set aside. The writ petition stands disposed of accordingly. SD/- (M.I.ARUN) JUDGE PGG