M Elangovan Vs the Assistnat Executive Engineer — Writ and Judicial Review | Karnataka HC (2026)

M Elangovan Vs the Assistnat Executive Engineer — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to GBA (respondent Nos.1 & 2, BBMP) to consider the petitioners' request/representation dated 21.08.2025, hear all parties concerned and initiate appropriate action in accordance with law; the entire exercise to be completed within four months from receipt of certificate copy of the order; pending interlocutory applications disposed of. No demolition direction issued against respondent No.3 at this stage.

Issue for consideration

Whether a writ of mandamus should issue directing respondent Nos.1 and 2 (BBMP/GBA) to consider the petitioners' representation dated 21.08.2025, marked as Annexure-B and C, regarding encroachment of the public road. +1 more

Court's answer

The writ petition is disposed of with a direction to GBA to consider the request of the petitioners, hear all the parties concerned, and thereafter initiate appropriate action in accordance with law (encompassing consideration of the representation dated 21.08.2025 and the complaint of encroachment).

Ratio / Principle

The entire exercise (inspection, hearing and action in accordance with law) shall be completed within a period of four months from the date of receipt of the certificate copy of the order; pending interlocutory applications stand disposed of.

Detailed headnote1 paragraphs

Writ Petition (LB-BMP) under Articles 226 & 227 — Encroachment of public road — Twelve residents of Ayyana/Ayyanna Compound, Sathya Nagar, Maruthi Sevanagar, Bengaluru sought a writ of mandamus directing BBMP officers (Assistant Executive Engineer, Maruthi Seva Nagara Division; Executive Engineer, Sarvajna Nagara Division) to consider their representation dated 21.08.2025 (Annexures-B & C) alleging encroachment of a public road, and a direction for demolition of construction said to be on an encroached 4-feet road at Site No.4, Iyyanna Compound — Counsel for BBMP/GBA stated upon instructions that the property would be inspected, persons concerned heard and appropriate orders passed — HELD: writ petition disposed of with a direction to GBA to consider the petitioners' request, hear all parties concerned and initiate appropriate action in accordance with law; entire exercise to be completed within four months from receipt of certificate copy of the order; pending interlocutory applications disposed of.

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NC: 2026:KHC:21920 WP No. 34100 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF APRIL, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN

WRIT PETITION NO. 34100 OF 2025 (LB-BMP)

BETWEEN:

M ELANGOVAN, S/O MANIKAM, AGED ABOUT 60 YEARS, R/AT NO.6, AYYANA COMPOUND, SATHYA NAGAR, MARUTHI SEVANAGAR, BENGALURU NORTH-560 033.

SUBRAMANI D, S/O DORAIRAJ, AGED ABOUT 48 YEARS, R/AT 6. AYYANA COMPOUND, SATHYA NAGAR, M S NAGAR, MARUTHI SEVANAGAR, BANGALORE NORTH-560 033.

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

E VINODH KUMAR, S/O ELANGOVAN, AGED ABOUT 35 YEARS, R/AT NO.6, AYYANA COMPOUND, SATHYA NAGAR, MARUTHI SEVANAGAR, BENGALURU NORTH-560 033.

E VASANTHI, W/O ANABALAGAN, AGED ABOUT 40 YEARS, R/AT NO.7, AYYANA COMPOUND, SATHYA NAGAR, ST. MARYS CHURCH, MARUTHI SEVANAGAR, BENGALURU NORTH-560 033.

ANAND RAJ M, S/O MEGHA RAJ M,

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NC: 2026:KHC:21920 WP No. 34100 of 2025

HC-KAR

AGED ABOUT 52 YEARS, R/AT NO.8, AYYANA COMPOUND, SATHYA NAGAR, MARUTHI SEVANAGAR, BENGALURU NORTH-560 033.

KUMARI R, W/O RAJU, AGED ABOUT 44 YEARS, R/AT NO.9, AYYANNA COMPOUND, SATHYANAGAR, MARUTHI SEVANAGAR, BANGALURU NORTH-560 033.

DASS L, S/O LATE LOKAS, AGED ABOUT 50 YEARS, R/AT NO.9/1, AYYANNA COMPOUND, SATHYANAGAR, MARUTHI SEVANAGAR, BANGALURU NORTH-560 033.

AMUDHA S, W/O SHANMUGAM, AGED ABOUT 52 YEARS, R/AT NO.10, AYYANNA COMPOUND, SATHYANAGAR, MARUTHI SEVANAGAR, BANGALURU NORTH-560 033.

RAGHURAM V, S/O LATE VENKATATHI, AGED ABOUT 75 YEARS, R/AT NO.11, AYYANNA COMPOUND, SATHYANAGAR, MARUTHI SEVANAGAR, BANGALURU NORTH-560 033.

ROSHAN A, S/O LATE ANTHONISWAMY, AGED ABOUT 50 YEARS, R/AT NO.9, AYYANNA COMPOUND, SATHYANAGAR, MARUTHI SEVANAGAR, BANGALURU NORTH-560 033.

MUNIYAMMA V, W/O VENKATESH, AGED ABOUT 50 YEARS,

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NC: 2026:KHC:21920 WP No. 34100 of 2025

HC-KAR

R/AT NO.12, AYYANNA COMPOUND, SATHYANAGAR, MARUTHI SEVANAGAR, BANGALURU NORTH-560 033.

ASHOKAN, S/O LATE MUNISWAMY, AGED ABOUT 55 YEARS, R/AT NO.9, AYYANNA COMPOUND, SATHYANAGAR, MARUTHI SEVANAGAR, BANGALURU NORTH-560 033.

…PETITIONERS

(BY SRI SHIVAKUMARAPPA T C, ADVOCATE)

AND:

THE ASSISTNAT EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, MARUTHI SEVA NAGARA DIVISION,

BENGALURU-560 033.

THE EXECUTIVE ENGINEER, BRUHAT BENGALURU MAHANAGARA PALIKE, SARVAJNA NAGARA DIVISION,

BENGALURU-560 033.

CHINNAPPA, S/O SYANSANA, AGED ABOUT 65 YEARS, R/AT NO.4, AYYANNA COMPOUND, SATHYANAGAR, MARUTHI SEVANAGAR, BANGALURU NORTH-560 033.

…RESPONDENTS

(BY SRI KARTHIKEYAN B S, ADVOCATE FOR R-1& R-2;

SRI S MUNIRAJU, ADVOCATE FOR R-3)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF CONSTITUTIONOF INDIA PRAYING TO A) ISSUE WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION, IN THE NATURE OF WRIT, DIRECTING THE RESPONDENT NO.1 AND 2 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONERS DATED 21.08.2025 PRODUCED AND MARKED AS ANNEXURE-B AND C TO THE WRIT PETITION ETC.

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NC: 2026:KHC:21920 WP No. 34100 of 2025

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The case of the petitioners is that certain private persons have encroached upon public road in Satyanagara, Maruthi Sevanagara post, Bengaluru and a representation has been made to BBMP/GBA to remove the said encroachment. As the same has not been done, the present writ petition is filed with the following prayers;

a) “Issue writ of Mandamus or any other writ or order or direction, in the nature of writ, directing the respondent No.1 and 2 to consider the representation made by the petitioners dated 21.08.2025 produced and marked as Annexure-B & C to the writ petition.

b) Direction to respondent No.3 demolish the illegal construction, constructed on encroached 4 feet road in site No.4, Iyyanna Compound, Satyanagara, Maruthi Sevanagara post, Bengaluru.

c) Cost and such other reliefs deems fit to grant under the circumstances of the case in the interest of justice and equity.”

5 - NC: 2026:KHC:21920 WP No. 34100 of 2025

HC-KAR

Sri.B.S.Karthikeyan., learned counsel appearing

for BBMP/GBA, upon instructions, submits that they will inspect the property, hear all the persons concerned and thereafter pass appropriate orders in accordance to law.

Hence, the writ petition stands disposed of , with

a direction to GBA to consider the request of the petitioners, hear all the parties concerned and thereafter initiate appropriate action in accordance with law. The

entire exercise will be completed within period of four months from the date of receipt of certificate copy of this order.

Pending interlocutory applications, if any, stands disposed of.

Sd/(M.I.ARUN) JUDGE

SR

List No.: 1 Sl No.: 36