Dismissed¶39

Mansoorulla Khan v. the Commissioner

Karnataka HC18 Feb 2026WP/52969/2019

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; WP No. 52969 of 2019 (LB-BMP); Suraj Govindaraj J.; order dated 18.02.2026; maintainability of writ petition under Articles 226 and 227; neighbour status of petitioners vis-a-vis Respondent No.4 Abisheik Jain; enforcement/compliance of earlier order in W.P.No.51107/19; alleged illegal construction at Site No.135 (Old No.88) Police Road, Ward No.139(30), PID No.30-28-135; Respondents: Commissioner BBMP, Deputy Commissioner BBMP West Division, Assistant Executive Engineer BBMP; petition dismissed for non-maintainability; liberty to file Public Interest Litigation.

What did the court decide?

Liberty reserved to the petitioners to file a Public Interest Litigation. ¶39

Mansoorulla Khan Vs the Commissioner — Writ and Judicial Review | Karnataka HC (2026)

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1 - NC: 2026:KHC:10092 WP No. 52969 of 2019

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF FEBRUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 52969 OF 2019 (LB-BMP)

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BETWEEN:

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MANSOORULLA KHAN S/O. NOORULLA KHAN AGED ABOUT 45 YEARS R/AT NO.1, OTC ROAD 3^RD CROSS, COTTON PET BENGALURU - 560 053.

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RAHAMATH ULLA SHARIFF S/O. KHAIZER AHMED SHARIFF AGED ABOUT 25 YEARS R/A. NO.4, 1^ST CROSS PENSION MOHALLA BANGALORE - 560 053.

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…PETITIONERS

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(BY SRI SYED KHALEEL PASHA, ADVOCATE)

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AND:

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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THE COMMISSIONER N.R. ROAD, BBMP BANGALORE - 560 032.

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THE DEPUTY COMMISSIONER BBMP, WEST DIVISION OPP. MANTRI MALL MALLESHWARAM BENGALURU - 560 003.

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ASSISTANT EXECUTIVE ENGINEER JC ROAD, BBMP BUILDING BANGALORE - 560 002.

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NC: 2026:KHC:10092 WP No. 52969 of 2019

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HC-KAR

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ABISHEIK JAIN S/O. NOT KNOWN TO THE PETITIONER AGED MAJOR NO.131, OLD NO.88 POLICE ROAD BANGALORE - 560 053.

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…RESPONDENTS (BY SRI ASHWIN S. HARADY, ADVOCATE FOR R1 TO R3; SRI N. RAGHU BABU, ADVOCATE FOR R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 TO 3 TO COMPLY THE ORDER PASSED BY THIS HON'BLE COURT IN W.P.NO.51107/19 AS PER ANNEXURE-D AND FURTHER DIRECT RESPONDENT NOS.1 TO 3 TO STOP THE ILLEGALLY CONSTRUCTIONS ACTIVITIES AT SITE BEARING NO.135 (OLD NO.88) POLICE ROAD, BANGALORE, WARD NO.139(30) PID NO.30-28-135 RESIDENTIAL 373.85 SQ. MTRS. COMMERCIAL FAR 247.05 PROPOSED FAR AREA 630.75, SUBSTRUCTURE AREA 0.06.

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

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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1. The petitioners are before this Court, seeking for the following reliefs:

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"i. Issue writ of mandamus directing the Respondents No.1 to 3 to comply the Order passed by this Hon'ble court in W.P No.51107/19, as per AnnexureD and further direct the Respondents No.1 to 3 to stop the illegally constructions activities at site earing No.135 (old No.88) Police Road, Bangalore, Ward No.139(30) PID No.30-28-135 Residential

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3 - NC: 2026:KHC:10092 WP No. 52969 of 2019

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HC-KAR

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373.85. Sq Mtrs Commercial FAR 247.05 proposed FAR Area 630.75, Substructure area 0.06.

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ii. Issue any other writ or direction that this Hon'ble Court deems fit under the circumstances of the case."

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This Court vide Order dated 11.02.2026 had observed and made note of the submission of the learned counsel for respondent No.3 that the petitioner is not the neighbour and lives at a different location.

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Today also, learned counsel for petitioners is unable to make his submission as regards where the petitioners resides. His submission is that he has been unable to contact the petitioners. The addresses which are found in cause title does not indicate that the petitioners are the neighbours of respondent No.4.

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Therefore, it is clear that since there is no other document which has been placed on record to indicate that the petitioners are the neighbours, I am

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NC: 2026:KHC:10092 WP No. 52969 of 2019

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HC-KAR

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of the considered opinion that the above petition is not maintainable in the present roster.

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