Karnataka High Court
M/S Vijaya Building Materials vs State Of Karnataka on 16 March, 2026
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NC: 2026:KHC:15705
WP No. 8830 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE M.I.ARUN
WRIT PETITION NO.8830 OF 2026 (LB-BMP)
BETWEEN:
1. M/S. VIJAYA BUILDING MATERIALS
522, IV PHASE,
BEHIND III STAGE PEENYA INDUSTRIAL AREA,
BANGALORE-560 058
REPRESENTED BY ITS MANAGING PARTNER
MR. H.B. RUDRESH.
...PETITIONER
(BY SMT. ASHWINI PATIL, ADVOCATE)
AND:
Digitally
signed by 1. STATE OF KARNATAKA
GEETHA P G DEPARTMENT OF MINOR IRRIGATION
Location: AND GROUND WATER DEVELOPMENT,
HIGH
COURT OF #208, 2ND FLOOR, VIKASA SOUDHA,
KARNATAKA BENGALURU- 560 001.
2. BENGALURU WEST CITY CORPORATION (ZONE 1),
3RD BLOCK, 2ND MAIN ROAD,
2ND AND 4TH CROSS ROAD,
NEAR BWSSB WATER TANK,
H.T.M LAYOUT, NAGASANDRA (POST),
BENGALURU-560 073.
3. EXECUTIVE ENGINEER,
PEENYA INDUSTRIAL AREA DIVISION,
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NC: 2026:KHC:15705
WP No. 8830 of 2026
HC-KAR
BENGALURU WEST CITY CORPORATION,
ZONE-1, 3RD BLOCK,
2ND MAIN ROAD,
2ND AND 4TH CROSS ROAD,
NEAR BWSSB WATER TANK,
H.T.M. LAYOUT, NAGASANDRA (POST),
BENGALURU-560 073.
4. KARNATAKA INDUSTRIAL AREAS
DEVELOPMENT BOARD,
14/3, 2ND FLOOR,
RASHTROTHANA PARISHAT BUILDING,
NRUPATHUNGA ROAD,
BANGALORE-560 002.
...RESPONDENTS
(BY SRI. BOPANNA BELLIAPPA, AGA., FOR R.1;
SRI. PAWAN KUMAR, ADVOCATE FOR R.2 AND R.3;
SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R.4)
THIS W.P. IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTICE
DATED 02.03.2026 BEARING
NO.¨ÉA.¥À.£À.¥Á./PÁ.C/¦Ã.PÉÊ.¥Àæ..«/¦Dgï/2025-26 PRODUCED AS
ANNEXURE-A ISSUED BY THE RESPONDENT NO.3, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.I.ARUN
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WP No. 8830 of 2026
HC-KAR
ORAL ORDER
1. Proceedings have been initiated against the petitioner by
respondent Nos.2 and 3, alleging that the construction has
been put up by encroaching a lake adjoining the property of the
petitioner. In this regard, respondent No.3 issued a notice
dated 02.03.2026 vide Annexure-‘A’ to the writ petition to the
petitioner directing the petitioner to appear before it on
06.03.2026.
2. The case of the petitioner is that the said notice was
actually served on him on 12.03.2026 and if reasonable time
would be given to the petitioner to show that he has not
encroached upon the lake, as alleged, and has put up
construction on the property allotted to him by KIADB.
3. If any action is contemplated against the petitioner
herein, a reasonable opportunity of hearing is required to be
given by the authorities concerned. Under the circumstances, in
my opinion, interest of justice would be met if reasonable
opportunity is given to the petitioner to reply to the notice
dated 02.03.2026 vide Annexure-‘A’ to the writ petition. Hence
the following:-
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NC: 2026:KHC:15705
WP No. 8830 of 2026HC-KAR
ORDER
i. The writ petition is disposed of.
ii. Petitioner shall submit its reply to the
impugned notice dated 02.03.2026 to respondent
no.3 on or before 02.04.2026.
iii. Petitioner shall appear before respondent No.3
on 02.04.2026 at 3.00 p.m.
iv. Respondent No.3 shall examine the records
submitted by the petitioner and thereafter take
appropriate decision in accordance with law.
v. Till such a decision is taken, no precipitative
action will be taken against the petitioner.
Sd/-
(M.I.ARUN)
JUDGEVMB
List No.: 3 Sl No.: 1
