M/S Vijaya Building Materials vs State Of Karnataka on 16 March, 2026

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    Karnataka High Court

    M/S Vijaya Building Materials vs State Of Karnataka on 16 March, 2026

                                             -1-
                                                          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,
                                       -2-
                                                       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
                                   -3-
                                               NC: 2026:KHC:15705
                                             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

    SPONSORED

    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:-

    -4-

    NC: 2026:KHC:15705
    WP No. 8830 of 2026

    HC-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)
    JUDGE

    VMB
    List No.: 3 Sl No.: 1



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