Karnataka High Court
Sri P Raju Poojari vs The Commissioner on 19 March, 2025
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WA No. 1426 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF MARCH, 2025
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.I.ARUN
WRIT APPEAL NO. 1426 OF 2024 (LB-BMP)
BETWEEN:
1. SRI P RAJU POOJARI
S/O PONNA POOJARI
AGED ABOUT 43 YEARS
R/AT NO.9/4, 5TH MAIN
WARD NO.96, RAMACHANDRAPURA
OLD OKALIPURA
Digitally BENGALURU-560 021
signed by H K
HEMA ...APPELLANT
Location:
HIGH COURT (BY SRI T PRAKASH, ADVOCATE)
OF
KARNATAKA
AND:
1. THE COMMISSIONER
BRUHAT BENGALURU MAHANAGARA PALIKE
N.R. SQUARE
BENGALURU-560 002
2. THE ASSISTANT DIRECTOR LAND RECORDS
DIVISION -1, K R CIRCLE
BENGALURU- 560 001
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WA No. 1426 of 2024
3. THE ASSISTANT EXECUTIVE ENGINEER
BRUHAT BENGALURU MAHANAGARA PALIKE
GANDHINAGAR
TMC ROYAN ROAD
BENGALURU- 560 009
4. THE TAHSILDAR
BENGALURU NORTH TALUK
KANDAYA BHAVANA
K.G. ROAD, BENGALURU-560 009
5. THE ADDL. DIRECTOR GENERAL OF POLICE (BMTF)
BBMP MAIN BUILDING
1ST FLOOR, N.R. ROAD
BENGALURU -560 002
6. M/S NAVAKAR BUILDERS
REGISTERED PARTNERSHIP FIRM
REP BY SRI SUSHIL KUMAR AND SRI NOORULLA
HAVING ITS REGISTERED OFFICE AT
NO.22/1 MADARSAB LANE,
COTTON PET, BENGALURU-560 053
...RESPONDENTS
(BY SRI N.R. JAGADEESWARA, ADVOCATE FOR
RESPONDENT NOS.1 & 3
SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR
RESPONDENT NOS.2, 4 & 5)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
12.08.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT
PETITION No.15152/2021 (LB-BMP) AND BE PLEASED TO ALLOW
THE WRIT PETITION No.15152/2021 (LB-BMP) AND TO PASS SUCH
OTHER ORDERS AS DEEMED NECESSARY IN THE ENDS OF
JUSTICE.
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WA No. 1426 of 2024
THIS APPEAL, COMING ON FOR FINAL HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N.V. ANJARIA
and
HON'BLE MR JUSTICE M.I. ARUN
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned Advocate Mr. T.Prakash for the appellant,
learned Additional Government Advocate Mr. K.S.Harish for
respondent Nos.2, 4 and 5 and learned Advocate Mr. N.R.
Jagadeshwara for respondent Nos.1 and 3.
2. Appellant is the original petitioner, who, by preferring the
present appeal, has called in question judgment and order of learned
Single Judge dated 12th August 2024 whereby the petition came to
be dismissed.
2.1 What was prayed by the petitioner before learned Single Judge
was to direct respondent authorities to take action to demolish the
construction on the land which was alleged to be encroached. A
direction was asked for against private respondent No.6 not to sell
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the property under the encroachment is removed. There was a yet
another prayer requiring the respondents to recover the damages
caused to the Government property and initiate the action in law.
3. The facts as emerge from the record are that respondent No.6
happens to be land developer who purchased the property situated
adjacent to the property of the petitioner and that there was a
common road passing between both the properties which road further
was connecting the government land.
3.1 It was the case of the petitioner that taking unadvantage of
adjoining government property, respondent No.6-developer started
construction of building which, according to the petitioner, obstructed
the public road as fencing with sheets was erected.
3.2 The aspects which were noticeable were inter alia that the
petitioner had filed suit in original suit No.4572 of 2017 for relief of
permanent injunction and also filed was the application for interim
injunction, against respondent No.6 and that the said interlocutory
application stood rejected on 21st November 2017, to which there
was no further challenge. In the same way, respondent No.6 had
also instituted original suit No.7501 of 2018 against the petitioner and
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the injunction application of respondent No.6 in the said suit was
allowed. Though appeal is pending, no interim order has been
granted, it is recorded by learned Single Judge.
4. Learned Single Judge noticing the facts and the pendency of
the suits including the subsequent suit filed by respondent No.6,
reasoned as under, extracting from paragraph 15,
"Thereafter, respondent No.6 filed a suit
in O.S. No.7501/2018 for the relief of a
permanent injunction restraining the petitioner
herein from interfering in the peaceful
possession and enjoyment. In the said suit, the
respondent No.6 filed an interlocutory
application seeking an order of temporary
injunction. The said application was allowed
vide order dated 19.02.2019. The petitioner
aggrieved by the order preferred an appeal in
MFA No.7726/2019. Learned counsel for
respondent No.6 submits that the said appeal
was dismissed for non-prosecution. It is the
case of the petitioner that there exists a road
between the property of the petitioner and
respondent No.6. The said fact is denied by
respondent No.6. There is a dispute in regard
to the existence of road."
4.1 In the same paragraph, learned Single Judge stated,
"Hence, the writ petition involves
disputed questions of fact and further, there is
also a suit pending between the parties before
the Civil Court. In view of the same, as the
suits are pending before the Civil Court, without
expressing any opinion on the merits, the
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petitioner has not made out any ground to
entertain the writ petition."
5. Thus, it is evident that in relation to the subject matter, which is
brought under the writ jurisdiction, both the sides have been agitating
their rights by instituting the respective suits. Respondent NO.6 has
been enjoying interim order also. This stands as a good ground not
to invoke the extraordinary writ jurisdiction. The subject matter
controversy also involved disputed questions of facts as rightly
observed by learned Single Judge.
6. No error can be booked in the judgment and order of learned
Single Judge.
7. The appeal is meritless and stands dismissed.
SD/-
(N.V. ANJARIA)
CHIEF JUSTICE
SD/-
(M.I. ARUN)
JUDGE
VMB
