Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 1525 OF 2026 (LB-BMP) BETWEEN:
1. MOHAMMED SHAFI S/O LATE ABDUL BASHEER, AGED ABOUT 58 YEARS, AADHAAR NO. 4072 3485 5091.
2. SHABREEN UNNISA W/O NADEEM AHMED, AGED ABOUT 25 YEARS, AADHAAR NO. 7375 0050 9096. BOTH RESIDING AT C/O KHIRUNMANZIL, NO. 1410, CHAMUNDI NAGAR MAIN ROAD, R.T. NAGAR POST, BANGALORE - 560 032. Digitally signed …PETITIONERS by SHWETHA RAGHAVENDRA (BY SMT. FARHEEN, ADVOCATE) Location: HIGH COURT OF AND: KARNATAKA
1. THE COMMISSIONER HEAD OFFICE, N.R. SQUARE, BENGALURU - 560 002.
2. THE ASSISTANT EXECUTIVE ENGINEER, VISHWANATHANAGENAHALLI, WARD-22, -2- ADDRESS 1, OUTER RING RD, KANAKA NAGAR, HEBBAL, BENGALURU - 560 045.
3. THE ASSISTANT DIRECTOR OF TOWN PLANNING,
GOVERNMENT OFFICE 2ND FLOOR, NR SQUARE, NRUPATHUNGA ROAD, NEAR M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. …RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE CLAIMING THROUGH OR UNDER THEM, NOT TO INTERFERE WITH THE PEACEFUL POSSESSION AND ENJOYMENT OF THE WITHOUT FOLLOWING THE DUE PROCESS OF LAW AND ETC., THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:
(a) Issue a Writ in the nature of Mandamus or any other appropriate writ, order, or direction, directing the claiming through or under them, not to interfere with the peaceful possession and enjoyment of the -3- without following the due process of law;
(b) Issue a Writ in the nature of Prohibition or any other
appropriate writ, order, or direction, prohibiting the Respondents from taking any coercive action, including demolition, against the under-construction building on the Schedule Property without issuing a valid show-cause notice and providing an opportunity of being heard to the Petitioners;
(c) Grant an ad-interim order of injunction restraining
the Respondents, their agents, servants, or anyone acting on their behalf, from proceeding with any demolition or causing any disturbance to the construction activity being carried out by the Petitioners at the Schedule Property, pending the hearing and final disposal of this Writ Petition;
(d) Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity.
2. A memo has been filed seeking permission to withdraw the above petition, which reads as under:
"That the petitioner will settle the matter out of the Court with neighbour, the petitioner's will withdraw the matter from this Hon'ble Court in the interest of equity and justice."
3. Accepting said memo, petition is dismissed as withdrawn. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 2 Sl No.: 23