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2026 DAILYLAW 7472 (KAR)

SOUNDARYA GARDENIA APARTMENTS OWNERS WELFARE ASSOCIATION, v. M/S SOUNDARYA CONSTRUCTIONS

WP/55495/2017 · 2026-03-16

M I Arun

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15318 WP No. 55495 of 2017 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. 55495 OF 2017 (LB-BMP) BETWEEN: SOUNDARYA GARDENIA APARTMENTS OWNERS WELFARE ASSOCIATION, SOUNDARYA GARDENIA, NO.13, HMT MAIN ROAD, JALAHALLI, BANGALORE-560013 REPRESENTED BY ITS PRESIDENT-MR.T.SUBRAMANYA GANESH, VICE PRESIDENT-RAJESH NAYAK, SECRETARY-RIJU KURIAN & TREASURER-T.G.RAJESH …PETITIONER (BY SRI. UNNIKRISHNAN M.,ADVOCATE) AND: 1. M/S SOUNDARYA CONSTRUCTIONS A PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING PARTNER NO.95, PADMASRI APARTMENTS / SOUNDARYA MANSION, 2ND MAIN ROAD, LINK ROAD, Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15318 WP No. 55495 of 2017 SHESHADRIPURAM, BANGALORE-560020 2. M/S RUDRA INVESTMENTS PVT LTD., A COMPANY REGISTERED UNDER THE PROVISIONS OF THE COMPANIES ACT 1956, NO.95, PADMASRI APARTMENTS / SOUNDARYA MANSION, 2ND MAIN ROAD, LINK ROAD, SHESHADRIPURAM, BANGALORE-560020 REPRESENTED BY ITS MANAGING DIRECTOR 3. MR.V.P ABDUL SHUKOOR AGED ABOUT 49 YEARS, S/O K M BAVACHI, PROPRIETOR OF M/S GOLDEN HILL ENTERPRISES, SOUNDARYA GARDENIA, N.13, HMT FACTORY MAIN ROAD, BENGALURU-560013 4. M/S SREENIVASA EXPORTS GARMENTS NIKE SHOWROOMS, NEXT TO KANTI SWEETS, NO.13, HMT FACTORY MAIN ROAD, BENGALURU-560013 5. KANTI SWEETS NEXT TO DE NEEDS, NO.13, HMT FACTORY MAIN ROAD, BENGALURU-560013 6. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560002 - 3 - HC-KAR NC: 2026:KHC:15318 WP No. 55495 of 2017 7. THE ASSISTANT REVENUE OFFICER BRUHAT BANGALORE MAHANAGARA PALIKE, YESHWANTHPUR RANGE, YESHWANTHPUR SHOPPING COMPLEX, YESHWANTHPUR, BANGALORE-560022 8. THE KARNATAKA STATE FIRE & EMERGENCY SERVICE DEPARTMENT, PEENYA FIRE FORCE STATION, BANGALORE-560058 REPRESENTED BY ITS FIRE FORCE OFFICER 9. THE BANGALORE ELECTRICAL SUPPLY COMPANY (BESCOM) REPRESENTED BY THE ASSISTANT EXECUTIVE ENGINEER, C3, DIVISION, JALAHALLI, BANGALORE 10. THE DEPUTY CHIEF ELECTRICAL INSPECTOR BANGALORE EAST, NO.2/4, ARAGIONI BHAVANA, IST FLOOR, DR.RAJKUMAR ROAD, RAJAJINAGAR, BANGALORE-560010 …RESPONDENTS (BY SRI. T P VIVEKANANDA , ADVOCATE FOR R1 & R2; SMT. SUMANGALA GACHCHINAMATH, ADVOCATE FOR R6 & R7; SMT. CHANDINI, HCGP FOR R8 & R10; R3, R5 & R9 SERVED & UNREPRESENTED; R4 DELETED V/O DTD 25.06.2018) - 4 - HC-KAR NC: 2026:KHC:15318 WP No. 55495 of 2017 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE A WRIT OF MANDAMUS TO R-7 AND R-8 TO PREVENT/RESTRAIN R-1 TO R- 6 FROM USING THE STILT AREA OF THE SCHEDULE PROPERTY FOR COMMERCIAL PURPOSES AS IT IS VIOLATIVE OF THE SANCTION PLAN I.E., ANNEXURE-B;ISSUE A WRIT OF MANDAMUS AGAINST R-9 NOT TO ACCORD PERMISSION FOR USE OF THE STILT AREA FOR COMMERCIAL ACTIVITIES AS IT WOULD CAUSE GRAVE THREAT TO LIFE AND PROPERTY;TO RESTRAIN R-1 TO R-6 FROM USING THE STILT AREA IN THE SCHEDULE PROPERTY FOR COMMERCIAL ACTIVITIES BY AN ORDER OF INJUNCTION SINCE THE SAME HAS BEEN EARMARKED FOR PARKING 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 M.I.ARUN ORAL ORDER Learned counsel for the petitioner is absent. The writ petition is of the year 2017. It appears that the petitioner is not interested in prosecuting the petition. Hence, the writ petition is dismissed for non-prosecution. SD/- (M.I.ARUN) JUDGE RB