IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 5^TH DAY OF JANUARY, 2026

BEFORE

THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

WRIT PETITION NO. 54364 OF 2018 (LB-BMP)

BETWEEN:

1. NAGENDRA R S/O LATE RAMDAS

AGED ABOUT 63 YEARS

2. N SHIVAKUMARAMMA

W/O NAGENDRA R

AGED ABOUT 60 YEARS

BOTH ARE R/A NO.495/B, HI-PACE ENCLAVE

2^ND MAIN ROAD

G M PALYA

BANGALORE-560075

…PETITIONERS

(BY SRI. GOVINDARAJU L., ADVOCATE)

AND:

Digitally signed

by SHWETHA

1. COMMISSIONER

RAGHAVENDRA

BRUHAT BANGALORE MAHANAGARA PALIKE

Location: HIGH

COURT OF J C ROAD

KARNATAKA BANGALORE-560002

2. THE JOINT COMMISSIONER (BANGALORE EAST)

MAYOHALL BBMP

DOMLUR WARD NO.112

3. THE ASSISTANT EXECUTIVE ENGINEER

BBMP, DOMLUR

4. SAMBASIVA RAO PANGULURI S/O VENKATESWARALU PANGULURI AGED ABOUT 53 YEARS

5. VIJAYALAKSHMI PANGULURI W/O SAMBASIVA RAO PANGULURU AGED ABOUT 47 YEARS BOTH 4^TH AND 5^TH RESPONDENTS R/A FLAT NO.T-1, S V AKRUTHI NO.L-160, 3^RD MAIN

14^TH CROSS, 6^TH SECTOR, HSR LAYOUT BANGALORE-560102 …RESPONDENTS (BY SRI. AMIT DESHPANDE., ADVOCATE FOR R1-R3;

SRI. MOHAMMED JAFFAR SHAH., ADVOCATE FOR R4 & R5)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THIS PETITION AND ISSUE A WRIT IN THE NATURE FO MANDAMUS OR ANY OTHER APPROPRIATE WRIT, DIRECTION OR ORDER DIRECTING THE RESPONDENTS TO INITIATE APPROPRIATE ACTION IN TERMS OF SEC. 321 OF THE KARNATAKA MUNICIPAL CORPORATION'S ACT AGAINST THE ILLEGAL STRUCTURE BEING PUT UP ON THE SCHEDULE PROPERTY AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The Petitioners are before this Court seeking for the following reliefs;

a) A writ in the nature of MANDAMUS or any other appropriate Writ, Direction or Order directing the respondents to initiate appropriate action in terms of Section 321 of the Karnataka Municipal Corporation's Act against the illegal structure being put up on the schedule property.

b) A writ in the nature of MANDAMUS or any other appropriate Writ, Direction or Order directing respondents 1, 2 and 3 to consider the petitioners' representations and initiate action against the illegal structure being put up despite repeated representations dated 14.03.2018, 16.03.2018 and 14.03.2018 by the petitioners [ANNEXURES-" A, B & C "].

c) Such other writ direction or order as this Hon'ble Court may deem just and expedient in the circumstances of the case including award of costs.

2. A memo dated 05.01.2026 signed by the learned counsel for the Petitioners, has been filed, which reads as under;

“MEMO FOR WITHDRAWAL The petitioners seeks leave to withdraw this Writ Petition as having become infructuous, in the interest of justice and equity.”

3. Accepting the said memo and submission of learned counsel for the Petitioners, the petition is dismissed as withdrawn.

Sd/-

(SURAJ GOVINDARAJ)

JUDGE KTY/List No.: 1 Sl No.: 46