Disposed¶93

M/S Abhisheka Properties v. the Principal Secretary

Karnataka HC27 Jan 2026WP/104/2026

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 104 of 2026 (GM-RES); disposed on 27-01-2026 by B M Shyam Prasad, J. Keywords: change of land nature; illegal layout formation; writ of mandamus; Tahsildar Bengaluru North Taluk; representations to revenue/panchayat authorities; approach civil court where suits pending; interim injunction application pending six months; specific performance suit; criminal prosecution sought for unauthorized layout; petition disposed with liberty to tender certified copy in pending suits.

What did the court decide?

Liberty to the petitioner to place a certified copy of the order in the pending suits with a request to the civil courts to consider the interim injunction applications expeditiously; no mandamus issued. ¶93

M/S Abhisheka Properties Vs the Principal Secretary — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

¶93

Issue for consideration

Whether the jurisdictional Tahsildar should be directed to take action against the private respondents to stop them from changing the nature of the schedule property, the prayer also seeking restraint of the alleged illegal formation of layout and criminal prosecution of respondents 10 to 21 and 23 to 32. +1 more

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Ratio / Principle

Where civil courts are seized of the matter, a party interested in securing the nature of the property from being changed must necessarily approach the civil court before filing representations with the authorities.

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Key takeaways

The petition was disposed of with liberty to the petitioner to place a certified copy of the order in the pending suits with a request to the civil courts to consider the pending interim injunction applications expeditiously.ratio¶92

Detailed headnote1 paragraphs

Writ petition (under Articles 226 and 227 of the Constitution of India) by M/s Abhisheka Properties seeking a mandamus to respondents 1 to 8 to consider its representations (Annexures-A to A7 dated 23.12.2025) and to the Tahsildar, Bengaluru North Taluk, to restrain the alleged illegal formation of a layout on the schedule property and to initiate criminal prosecution against respondents 10 to 21 and 23 to 32. The Court noted the pendency of civil suits for specific performance and of interim injunction applications filed about six months earlier awaiting consideration, and held that where civil courts are seized of the matter, a party interested in securing the nature of the property from being changed must approach the civil court before filing representations with the authorities. The petition was disposed of with liberty to place a certified copy of the order in the pending suits requesting expeditious consideration of the injunction applications. Coram: B M Shyam Prasad (sole judge). Order dated 27 January 2026.

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1 - NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 104 OF 2026 (GM-RES)

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BETWEEN:

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M/S ABHISHEKA PROPERTIES A FIRM REGISTERED UNDER THE INDIAN PARTNERSHIP ACT, HAVING REGISTERED OFFICE AT NO.50/A, NEW TIMBERYARD LAYOUT, MYSORE ROAD, BENGALURU-560026

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Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA

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REPRESENTED BY SMT. L.JAYALAKSHMI W/O.LATE S.MANNOJI RAO, AGED ABOUT 70 YEARS, R/A.NO.50/A, NTY LAYOUT, MYSORE ROAD, BENGALURU - 560 026 …PETITIONER

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(BY SRI. SHIVARAMU H.C., ADVOCATE)

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AND:

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THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU-560001

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU-560001

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THE ASSISTANT COMMISSIONER, BENGALURU NORTH TALUK, BENGALURU-560001

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THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU-560001

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THE COMMISSIONER, KARNATAKA PANCHAYAT RAJ COMMISSIONERATE, K.G.ROAD, BENGALURU-560009

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THE CHIEF EXECUTIVE OFFICER, OFFICE OF THE ZILLA PANCHAYAT, BANASHANKARI, BENGALURU-560050

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THE EXECUTIVE OFFICER, OFFICE OF THE TALUK PANCHAYAT, BENGALURU NORTH TALUK, YELAHANKA - 560064

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THE PANCHAYAT DEVELOPMENT OFFICER DASANAPURA GRAMA PANCHAYAT, BENGALURU NORTH TALUK-562162

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THE NELAMANGALA PLANNING AUTHORITY, 2^ND MAIN ROAD, SADASHIVANAGAR, NELAMANGALA-562123 REP. BY JOINT SECRETARY

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SMT.CHANDRAKALA

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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W/O.R.GANGARAJU,

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AGED ABOUT 49 YEARS R/AT NO.758, DEEPASHREE NILAYA OPP. SAPTHAGIRI MEDICAL COLLEGE ATHMIYA GELEYARA BALAGA LAYOUT BENGALURU-560090

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SRI.R.GANGARAJU, S/O. LATE RANGAIAH, AGED ABOUT 57 YEARS R/A. NO.758 DEEPASHREE NILAYA OPP. SAPTHAGIRI MEDICAL COLLEGE ATHMIYA GELEYARA BALAGA LAYOUT BENGALURU - 560090

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SRI. NANJUNDAPPA, S/O. LATE HANUMAIAH, AGED ABOUT 70 YEARS

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SMT. MUNILAKSHMAMMA, W/O. SRI.NANJUNDAPPA, AGED ABOUT 58 YEARS

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SRI. SOMASHEKAR, S/O. SRI.NANJUNDAPPA AGED ABOUT 36 YEARS

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SMT. HANUMAKKA, D/O. SRI.NANJUNDAPPA, AGED ABOUT 38 YEARS

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SRI. VENKATABYLAPPA, S/O. LATE HANUMAIAH, AGED ABOUT 53 YEARS

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SMT.HANUMAKKA @ SHOBHA, W/O. SRI. VENKATABYLAPPA,

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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AGED ABOUT 43 YEARS

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SMT. PALLAVI D/O.SRI. VENKATABYLAPPA, AGED ABOUT 24 YEARS

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SMT. DIMPLE, D/O. VENKATABYLAPPA, AGED ABOUT 20 YEARS

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SRI.HANUMANTHARAYAPPA, S/O. LATE HANUMAIAH, AGED ABOUT 48 YEARS (UNMARRIED)

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R12 TO R20 ARE R/A. NAGARUR VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562162

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SMT.LAKSHMAMMA, D/O. LATE HANUMAIAH, W/O. HANUMANTHARAYAPPA, AGED ABOUT 58 YEARS, R/A. AVALAKUPE VILLAGE, KASABA HOBLI, NELAMANGALA TALUK-562123

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M/S. CLASSIC LAND DEVELOPERS, A REGISTERED PARTNERSHIP FIRM HAVING ITS BUSINESS AT NO. 1, ADAKAMARANAHALLI, 21^ST K.M, TUMKUR ROAD, MAKALI POST, BENGALURU-562123

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REPRESENTED BY ITS PARTNER SRI.A.BALAAJI @ D.V.M.RAO @ D.V.MADHAVA RAO, S/O. LATE D.S.VENKATA RAM, AGED ABOUT 78 YEARS,

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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R/A. NO.7, 13^TH CROSS, S.P.EXTN, MALLESHWARAM, BENGALURU-560003

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SRI.K.RAMU, S/O. LATE KARIYAPPA, AGED ABOUT 80 YEARS, R/AT NO.2471, 10^TH MAIN ROAD, D BLOCK, II STAGE, RAJAJINAGAR, BENGALURU-560010

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SRI.C.GANGAIAH, SECRETARY OF M/S.BALAJI TOWNSHIP WELFARE ASSOCIATION HAVING OFFICE AT NO.205, 1^ST MAIN ROAD, SUBRAMANYA NAGAR, BENGALURU-560021

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SMT.MAMATHA L

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W/O. SRI.N.R.KRISHNA MURTHY, AGED ABOUT 48 YEARS, R/A.NO.623/A, E BLOCK, 2^ND STAGE, RAJAJINAGAR, BENGALURU-560010

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SMT. KAVITHA L D/O.L.LAKSMAN AGED ABOUT 46 YEARS R/A.NO.623/A, E BLOCK, 2^ND STAGE, RAJAJINAGAR, BENGALURU-560010

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SRI.G.RAMACHANDRAN, S/O. LATE SRI.R.GANAPATHY LYER, AGED ABOUT 54 YEARS, R/A.NO.192, II CROSS, II MAIN, HANUMANTHANAGAR, BENGALURU-560019

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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SRI. JAGADEESH T.M, S/O. LATE SRI.T.MALLAIAH, AGED ABOUT 57 YEARS, R/A.NO.89, 1^ST CROSS, 4^TH MAIN, MATHIKERE EXTN., BENGALURU-560054

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SRI. HOSALAPPA S/O.SRI.BHADRAIAH, AGED ABOUT 58 YEARS, R/A.NO.J-1, PIPE LINE, MALLESHWARAM, BENGALURU-560003

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SRI. SRINATHA SHARMA K.M S/O.MANJUNATHA SHARMA, AGED ABOUT 55 YEARS, R/A.NO.319, OLD MADRAS ROAD, VALMIKI ANJANEYA TEMPLE, V.V.PURAM, BENGALURU-560004

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SRI.K.M.BALAKRISHNA SHARMA, S/O. MANJUNATHA SHARMA, AGED ABOUT 52 YEARS, R/A.NO.319, OLD MADRAS ROAD, VALMIKI ANJANEYA TEMPLE, V.V.PURAM, BENGALURU-560004

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SMT. VANI, W/O. B.PRASANNA KUMAR, AGED ABOUT 47 YEARS, R/A. FLAT NO.F-103, NO.48, WILSON COURT, 6^TH CROSS, WILSON GARDEN, BENGALURU-560027 … RESPONDENTS

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(BY SRI.RAVINDRANATH, AGA FOR R.1 TO R5)

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO RESPONDENTS NO. 1 TO 8 TO CONSIDER THE REPRESENTATION OF THE PETITIONER PRODUCED AT ANNEXURES-A TO A7 DATED 23.12.2025 FORTHWITH; (B) ISSUE WRIT OF MANDAMUS TO RESPONDENT NO.4 TO RESTRAIN THE ILLEGAL FORMATION OF LAYOUT ON SCHEDULE PROPERTY AND TAKE STEPS TO INITIATE CRIMINAL PROSECUTION AGAINST RESPONDENTS NOS.10 TO 21 AND RESPONDENTS NOS.23 TO 32 FOR FORMING AN ILLEGAL LAYOUT WITHOUT TAKING PERMISSION FROM COMPETENT AUTHORITIES - RESPONDENTS NO.5 TO 9 FORTHWITH.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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ORAL ORDER

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The petitioner has filed this petition for directions to the jurisdictional Tahsildar to take action against the private respondents to stop them from changing the nature of the land that is

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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described in the petition schedule property. Mr.H.C.Shivaramu, the learned counsel for the petitioner, proposes to rely upon the different representations filed with the authorities to contend that notwithstanding certain observations by this Court way back in the year 2016 that no rights have been created in favour of the petitioner therein, the private respondents claiming under the petitioner are trying to change the nature of the subject property and that the fourth respondent is under a statutory obligation to ensure action is taken. The learned counsel asserts that the subject property is not diverted from agricultural to residential purposes and no e-katha is issued.

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Mr.B.Ravindranath, the learned Additional

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Government Advocate who is called upon to accept notice for the first to fifth respondents, is heard. This Court must observe that the petitioner has adverted to multiple pending proceedings and the proceedings

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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that have been decided, including the suits for specific performance commenced to protect its interest under asserted sale agreements.

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This Court is of the considered view that

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when the civil Courts are seized of the matter, the concerned, if is interested in securing the nature of the property from being changed, must necessarily approach the civil Court before filing representations with the authorities especially in this case when it is undisputed that the petitioner has filed applications with the civil Court for temporary injunction against changing the nature of the property.

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At this stage, Mr.H.C.Shivaramu submits

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that the petitioner is constrained because though interim applications have been filed in the pending suits about six months back, the concerned civil Courts have not taken up the applications for due consideration paving way for continuing work to change the nature of property into a residential

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10 -

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NC: 2026:KHC:4166 WP No. 104 of 2026

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HC-KAR

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layout. This Court is of the view that the petition must be disposed of but with liberty to the petitioner to place a certified copy of this order in the pending suits with a request to the civil Court to consider the application for injunction subject to their board expeditiously.

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The petition stands disposed of accordingly.

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Sd/(B M SHYAM PRASAD) JUDGE

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List No.: 1 Sl No.: 4

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M/S Abhisheka Properties v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

M/S Abhisheka Properties v. the Principal Secretary

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

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