Smt. Parvathi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Smt. Parvathi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; the writ petition was dismissed as withdrawn at the petitioner's request, leaving her to pursue the remedy before the Civil Court in O.S.No.3137/2025.

Issue for consideration

Whether respondents 2 to 5 (BBMP authorities) should be directed to enforce the temporary injunction dated 25.10.2025 passed by the City Civil and JMFC at Bengaluru K R Puram Court in O.S.No.3137/2025 (Annexure-G). +1 more

Ratio / Principle

On the request of learned counsel for the petitioner, made after arguing the petition for some time, to withdraw the writ petition and pursue the remedy before the Civil Court in O.S.No.3137/2025, the writ petition is dismissed as withdrawn.

Key takeaways

In view of dismissal of the writ petition as withdrawn, pending interlocutory applications (I.As.), if any, do not survive for consideration and stand dismissed.ratio¶36
The learned Additional Government Advocate for respondent No.1 and Sri. Pawan Kumar, learned counsel for respondent Nos.2 to 5, are permitted to file memo of appearance within ten days from today.ratio¶41

Detailed headnote1 paragraphs

Writ Petition (LB-BMP) under Articles 226 and 227 of the Constitution of India — Smt. Parvathi sought a mandamus directing respondents 2 to 5 (BBMP authorities: Chief Commissioner, Bruhat Bengaluru Mahanagara Palike; Zonal Commissioner and Joint Commissioner, Whitefield Sub-Division; and Assistant Executive Engineer, Whitefield Sub-Division) to enforce the ex-parte temporary injunction dated 25.10.2025 passed by the City Civil and JMFC at Bengaluru K R Puram Court in O.S.No.3137/2025 (Annexure-G); private respondents 6 to 8 are residents of Prakash Layout, Varthur, and notice to them was dispensed with vide order dated 18.12.2025 — At the preliminary hearing, learned counsel for the petitioner sought permission to withdraw the petition and pursue the remedy before the Civil Court in O.S.No.3137/2025 — Held: (i) the writ petition stands dismissed as withdrawn; (ii) pending I.As., if any, do not survive for consideration and stand dismissed; and (iii) the Additional Government Advocate for respondent No.1 and Sri. Pawan Kumar, counsel for respondents 2 to 5, are permitted to file memo of appearance within ten days (R. Nataraj, J.; decided 18.12.2025).

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NC: 2025:KHC:54408 WP No. 38401 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ WRIT PETITION NO. 38401 OF 2025 (LB-BMP)

BETWEEN:

SMT. PARVATHI W/O SRI. S. SURESH, AGED ABOUT 60 YEARS, RESIDING AT NO.4/1, SATHYANARAYANA TEMPLE STREET, GANGA NILAYA, ULSOOR, BENGALURU-560018.

…PETITIONER

(BY SMT. KUMUDA T.A., ADVOCATE FOR SRI. CHANDRA MOHAN K., ADVOCATE)

AND:

Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA

STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001.

THE CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, INFANTRY ROAD, BENGALURU-560002.

THE ZONAL COMMISSIONER WHITEFIELD SUB-DIVISION BENGALURU CITY.

THE JOINT COMMISSIONER WHITEFIELD SUB-DIVISION, BENGALURU CITY.

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NC: 2025:KHC:54408 WP No. 38401 of 2025

HC-KAR

ASSISTANT EXECUTIVE ENGINEER, WHITEFIELD SUB-DIVISION, BENGALURU-560087.

SRI SOMASHEKAR, AGED ABOUT 65 YEARS, RESIDING AT NEAR LAKSHMI NARASIMHA TEMPLE, MUNIYAPPA GARDEN, BEHIND GOVINDARAJU BUILDING, PRAKASH LAYOUT, VARTHUR, BENGALURU-560087.

SRI VARADARAJU, AGED ABOUT 63 YEARS, RESIDING AT NEAR LAKSHMI NARASIMHA TEMPLE, MUNIYAPPA GARDEN, BEHIND GOVINDARAJU BUILDING, PRAKASH LAYOUT, VARTHUR, BENGALURU-560087.

MAKKINNI RAMAKRISHNA NAIDU, AGED ABOUT 45 YEARS, BALGERE ROAD, VARTHUR, BENGALURU-560087

…RESPONDENTS

(BY SRI. B. BOPANNA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NO.1;

SRI. PAWAN KUMAR, ADVOCATE FOR RESPONDENT NOS.2 TO 5; VIDE ORDER DATED 18.12.2025, NOTICE TO RESPONDENT NOS.6 TO 8 IS DISPENSED WITH)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS 2 TO 5 (BBMP AUTHORITIES) TO ENFORCE THE TEMPORARY INJUNCTION ORDER DATED 25.10.2025 PASSED BY THE HON'BLE CITY CIVIL AND JMFC AT BENGALURU K R PURAM COURT IN OS NO.3137/2025 AT ANNEXURE-G.

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NC: 2025:KHC:54408 WP No. 38401 of 2025

HC-KAR

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

The petitioner has sought for a writ in the nature of mandamus to direct the respondent Nos.2 to 5 to enforce the order of ex-parte interim injunction dated 25.10.2025 passed by the Civil Judge and JMFC, Krishnarajapura.

After arguing the petition for some time, the learned counsel for the petitioner seeks permission to withdraw this writ petition and pursue the remedy before the Civil Court in O.S.No.3137/2025.

In view of the aforesaid submission, this writ petition is dismissed as withdrawn.

In view of dismissal of the petition as withdrawn, pending I.As., if any, do not survive for consideration and the same stand dismissed.

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NC: 2025:KHC:54408 WP No. 38401 of 2025

HC-KAR

Learned Additional Government Advocate for

respondent No.1 and Sri. Pawan Kumar, learned counsel for respondent Nos.2 to 5 are permitted to file memo of appearance within ten days from today.

Sd/-

(R. NATARAJ) JUDGE

PMR

List No.: 4 Sl No.: 2