IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15^TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 8450 OF 2025 (LB-BMP)

BETWEEN:

1. SRI. RAJENDRA. K, S/O SRI. DEEKAYA POOJARY, AGED ABOUT 42 YEARS, RESIDING AT NO.1/49/2, PUSHPA KUTEERA, KAKKE PADAVU, VTC ULI, POST OFFICE ULI, DAKSHINA KANNADA -DISTRICT-574326 AND ALSO AT FLAT NO. S-5, 2ND FLOOR, PSR ARCADE, GUDDHADAHALLI MAIN ROAD, HEBBAL, BENGALURU.

…PETITIONER (BY SRI. G KRISHNA MURTHY, SR. COUNSEL FOR SRI.GURU PRASAD A.,ADVOCATE)

AND:

1. THE COMMISSIONER, Digitally signed by BRUHAT BENGALURU MAHANAGARA PALIKE, NAGARAJA B M Location: H IGH N R SQUARE, BENGALURU-560002 COURT OF KARNATAKA

2. THE ZONAL COMMISSIONER, WARD NO.14, DASARAHALLI SUB DIVISION, BAGALAKUNTE, BENGALURU NORTH, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560057

3. ASSISTANT EXECUTIVE ENGINEER, WARD NO.14, DASARAHALLI SUB DIVISION, BAGALAKUNTE, BENGALURU NORTH, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU-560057

4. ASSISTANT DIRECTOR URBAN PLANNING, BRUHAT BENGALURU MAHANAGARA PALIKE (NORTH), WARD NO.14, DASARAHALLI SUB DIVISION, BAGALAKUNTE, BENGALURU NORTH, BRUHAT BENGALURU KV MAHANAGARA PALIKE, BENGALURU ZONE, BENGALURU-560057

5. PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHAN SOUDHA, BENGALURU-560001

6. SMT. SOWRAVI. V.S, AGED ABOUT 36 YEARS, W/O SRI. DHANANJAYA, R/A NO.518, GROUND FLOOR, HESARAGHATTA MAIN ROAD, RAMAIAH ENCLAVE, NAGASANDRA, BENGALURU-560073 …RESPONDENTS (BY SRI. PAWAN KUMAR.,ADVOCATE FOR R1 TO R4, SRI.H.K.KENCHEGOWDA, AGA FOR R5 AND SRI.D.R.RAVISHANKAR, SR. COUNSEL FOR SRI.SRINIVASA T GOWDA FOR R6)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DTD. 18.02.2025 AT ANNX-A AND ETC THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The captioned petition is filed seeking the following reliefs:

"WHEREFORE, the petitioner herein most respectfully prays that this Hon'ble Court be pleased to A) Issue a Writ of Mandamus or any other writ or Directions, by Directing the Respondent No.1 to 3 to consider the representation of the Petitioner dated

18/02/2025 at Annexure-A.

B) Issue a Writ of Mandamus or any other writ, order or direction and direct to the Respondent No.1 to 3 to remove the illegal construction put up by the Respondent No.6.

C) Grant the cost of this Petition to the Petitioner.

D) Grant such other relief's as this Hon'ble court may deems fit and proper, in the circumstances of the case, in the interest of justice and equity. "

2. The petitioner, claiming to be the absolute owner of Site No.11 formed in Sy.No.46/1, which is admittedly part of an unapproved layout, is aggrieved by the alleged unauthorized construction undertaken by private respondent No.6 in the adjacent unapproved layout formed in Sy.No.50/2. While the petitioner’s site falls within Sy.No.46/1, respondent No.6 is stated to be the owner of Site No.E5 formed in Sy.No.50/2, which is also an unapproved layout and has not been converted for non-

agricultural use.

3. Learned Senior Counsel for the petitioner, reiterating the averments made in the writ petition and drawing the Court’s attention to the photographs placed on record, contends that private respondent No.6 is carrying out illegal construction of a residential structure by encroaching upon the east-west road formed within Sy.No.50/2. It is submitted that such encroachment has effectively blocked the petitioner’s access, which was hitherto available through the said east-west road. On this ground, learned Senior Counsel urges this Court to issue necessary directions to respondents No.1 to 4 to initiate appropriate action against respondent No.6 for encroachment and unauthorized construction.

4. Per contra, learned Senior Counsel appearing for respondent No.6, while relying on the objections filed and additional