M/S NIRMAN SHELTERS (B) PVT LTD vs STATE OF KARNATAKA

Court
Karnataka High Court

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HC-KAR
NC: 2026:KHC:53801
WP No. 20836 of 2022
C/W WP No. 1447 of 2022
WP No. 22275 of 2024

CNR: KAHC010479782022







IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 28 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

WRIT PETITION NO. 20836 OF 2022 (LB-RES)

C/W

WRIT PETITION NO. 1447 OF 2022 (LB-RES)

WRIT PETITION NO. 22275 OF 2024 (LB-RES)



IN WP No. 20836/2022

BETWEEN:

M/S NIRMAN SHELTERS (B) PVT LTD
(INCORPORATED UNDER THE COMPANIES
ACT,1956)
OFFICE NO. 45A -NN
NISARGA LAYOUT
NEAR KOPPA GATE
BANNERGHAT RAOD, ANEKAL
BENGLAURU 560 083
REPTD BY MANAGING DIRECTOR
SRI. V. LAKSHMINARAYAN
…PETITIONER





Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA

(BY SRI. JAYARAJ D. S., ADVOCATE)
AND:

1. STATE OF KARNATAKA
RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT
M.S. BUILDING
BENGALURU 560 001

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REPTED BY ITS PRINCIPAL SECRETARY

2. BENGALURU METROPOLITAN REGION
DEVELOPMENT AUTHORITY (BMRDA)
OFFICE AT NO.1,
ALI ASKAR ROAD,
BENGAURU 560 052
REPRESENTED BY ITS COMMISSIONER

3. THE COMMISSIONER
PANCHAYATH RAJ COMMISSIONERATE
M.S. BUILDING
AMBEDKAR ROD,
BENGALURU 560 001

4. KALLUBALU GRAM PANCHAYT
JIGANI HOBLI, ANEKAL TALUK
BENGAURU URBAN DISTRICT
BENGALURU 560 105
REPRESENTED BY ITS
PANCHAYATH DEVELOPMENT OFFICER

5. MR. BHARATHRAJ
S/O SRI. V. LAKSHMINARAYAN
AGED ABOUT 51 YEARS
ND
NO.285, 2 MAIN ROAD,
RD
3 PHASE J.P. NAGAR ,
BENGALURU – 560078.
…RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG FOR ;
SRI. RAJAYOGA K., HCGP FOR R1 & R3;
SRI. YOGESH D. NAIK, ADVOCATE FOR R2;
SRI. M.S., DEVARAJU, ADVOCATE FOR R4;
SRI. S. RAJENDRA, ADVOCATE FOR R5;
SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR;
SRI. ANIL S. PARASANALLI FOR P’SD
RESPONDENT ON IA 3/25;
SRI. T.A. KARUMBAIAH FOR PROPOSED
RESPONDENT ON IA 2/2026)

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WP No. 20836 of 2022
C/W WP No. 1447 of 2022
WP No. 22275 of 2024


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THIS WP FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO-QUASH THE
ODER NO.KPRC/GPA/560/2022 DTD 01.09.2022
PASSED BY THE R3 AS PER ANNEXURE-A.

IN WP NO. 1447/2022
BETWEEN:
M/S NIRMAN SHELTERS (B) PVT LTD
REP BY MANAGIN DIRECTOR
SRI V LAKSHMINARAYA
S/O LATE H. VENKATAPPA
AGED ABOUT 76 YEARS
PRESENTLY OFFICE AT NO 45 ANN
NISARGA LAYOUT
NEAR KOPPA GATE
BANNERGHATTA ROAD, ANEKAL
BENGALURU 560083
...PETITIONER
(BY SRI. JAYARAJ D.S., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
RURAL DEVELOPMENT PANCHAYATH RAJ
REP BY ITS PRINCIPAL SECRETARY
M S BUILDING
BENGALURU 560001

2. BENGALURU METROPOLITAN REGION
DEVELPMENT AUTHORITY (BMRDA)
REP BY ITS COMMISSIONER
OFFICE AT NO 1, ALI ASKAR ROAD
BENGALURU 560052

3. ANEKAL PLANNIN AUTHORITY
ANNA BUILDING NO 430

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HENNAGARA GATE
HOSUR MAIN ROAD
BENGLAURU 560099
REP. BY ITS JOINT DIRECTOR

4. KALLUBALU GRAM PANCHAYATH
JIGANI HOBLI
ANEKAL TQ
BENGLAURU URBAN DIST
BENGALURU 560105
REP BY ITS PANCHAYATH
DEVELOPMENT OFFICER

5. MR. BHARATHRAJ
S/O SRI. V. LAKSHMINARAYAN
AGED ABOUT 51 YEARS
ND
NO.285, 2 MAIN ROAD,
RD
3 PHASE J.P. NAGAR ,
BENGALURU – 560078.
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG FOR ;
SRI. RAJAYOGA K., HCGP FOR R1;
SRI. YOGESH D. NAIK, ADVOCATE FOR R2 & R3;
SRI. M.S., DEVARAJU, ADVOCATE FOR R4;
SRI. S. RAJENDRA, ADVOCATE FOR R5;
SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR;
SRI. ANIL S. PARASANALLI FOR P’SD
RESPONDENT ON IA 2/25.

THIS W.P. IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE NOTICE DTD. 05.01.2022 ISSUED BY THE R-4 VIDE
NO. KA:GRA:PA:SAM:81/2021-22 AS PER ANNX-A.

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WP No. 20836 of 2022
C/W WP No. 1447 of 2022
WP No. 22275 of 2024


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IN WP NO. 22275/2024
BETWEEN:
M/S NIRMAN SHELTERS (B) PVT LTD
(INCORPORATED UNDER THE COMPANIES ACT,
1956)
OFFICE NO. 45A-NN,
NISARGA LAYOTU, NEAR KOPPA GATE,
BANNERGHATTA ROAD, ANEKAL,
BENGALURU - 560083.
REPTED BY MANAGING DIRECTOR.
SRI V LAKSHMINARAYAN.
...PETITIONER
(BY SRI. JAYARAJ D S., ADVOCATE)
AND:
1. THE PRINCIPAL SECRETARY
TO THE DEPARTMENT OF
RURAL DEVELOPMENT AND PANCHAYAT RAJ,
STATE OF KARNATAKA, M S BUILDING,
BENGALURU - 560 001.

2.
BENGALURU METROPOLITAN REGION
DEVELOPMENT AUTHORITY (BMRDA)
OFFICE AT NO. 1, ALI ASKAR RAOD,
BENGALURU - 560 052.
REPRESENTED BY ITS COMMISSIONER.

3. THE COMMISSIONER
PANCHAYAT RAJ COMMISSIONERATE
M S BUILDING, AMBEDKAR ROAD,
BENGALURU 560 001.

4. THE DIRECTOR (ADMIN-1)
PANCHAYAT RAJ COMMISSIONERATE
KALIDSAS MARG, KEMPEGOWDA ROAD,
BENGALURU - 560 001.

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5. THE CHIEF EXECUTIVE OFFICER
OFFICE OF DISTRICT PANCHAYAT,
S KARIYAPPA ROAD, BANAHANKARI II STAGE,
BENGALURU URBAN DISTRICT - 560 070

6. THE CHIEF EXECUTIVE OFFICER
OFFICE OF TALUK PANCHAYAT,
ATTIBELE ANEKAL ROAD,
KSRTC COLONY, ANEKAL
BENGALURU URBAN DISTRICT – 562107

7.
KALLUBALU GRAM PANCHAYAT
JIGANI HOBLI, ANEKAL TALUK,
BENGALURU URBAN DISTRICT,
BENGALURU - 560105.
REPRESENTED BY ITS
PANCHAYAT DEVELOPMENT OFFICER

8. MR. BHARATHRAJ
S/O SRI. V. LAKSHMINARAYAN
AGED ABOUT 51 YEARS
ND
NO.285, 2 MAIN ROAD,
RD
3 PHASE, J.P. NAGAR,
BENGALURU - 5600078
...RESPONDENTS
(BY SMT. PRATHIMA HONNAPURA, AAG FOR ;
SRI. RAJAYOGA K., HCGP FOR R1 TO R6;
SRI. M.S. DEVARAJU, ADVOCATE FOR R7;
SRI. S. RAJENDRA, ADVOCATE FOR R8;
SRI. D.R. RAVISHANKAR, SENIOR ADVOCATE FOR;
SRI. ANIL S. PARASANALLI FOR P’SD
RESPONDENT ON IA 3/25.

THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER NO.KPRC/GPA/560/2024 DTD 01.08.2024

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C/W WP No. 1447 of 2022
WP No. 22275 of 2024


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PASSED BY THE R4 AS PER ANNX-H.
THIS PETITION, COMING ON FOR ORDERS, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

The common petitioner is aggrieved by the
proceedings instituted to verify the alleged
misutilisation of Civic Amenity Sites in the Layout
developed by it. This Court, on 15.10.2025, vacating
the interim order against continuance of the
proceedings, has called upon the Committee
constituted to investigate and submit a report to this
Court. Later, this Court has also called upon the
State to place on record the action taken to ensure
that the Civic Amenity Sites recovered are protected
and an affidavit is filed on the measures taken. In
terms of this Court's next order, another affidavit is
filed.

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2. Ms. Prathima Honnapura, the Additional
Advocate General, submits that [a] as stated in the
affidavit now filed, 10 out of the 55 Civic Amenity
Sites have been identified and secured under
separate fencing with all the necessary precautionary
measures, [b] the Committee has found it necessary
to conduct a further survey given the large extent of
land developed by the petitioner, and [c] the
Commencement Certificates have not been given for
12 years because the development by the petitioner is
in violation of the applicable Rules and Regulations.

3. Sri. Jayaraj D S, the learned counsel for
the common petitioner, files a memo for withdrawal
of each of these petitions. Sri D. R. Ravishankar, the
learned Senior Counsel for the proposed respondent,
opposes the memo alleging a modus in wanting to
withdraw the petition when certain orders have been
passed by this Court, but the learned Senior Counsel
also submits that this Court could pass just orders to

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ensure that the withdrawal of these petitions does
not in any manner scuttle the Committee's work.

4. Ms. Prathima Honnapura submits that if
the petition is dismissed the impugned orders will be
in force, and therefore, the Committee will complete
its work and file a report into this Court if this Court
were to so direct. The last submission indeed must be
the consequence of the withdrawal of the petitions,
and the Committee must continue its tasks. In the
light of the afore, the following.

ORDER

The petition stands disposed of but
observing that the Committee constituted
under the impugned annexures shall
continue its work as these annexures
remain undisturbed and file a report into
this Court within three [3] months on the
measures taken to identify the remaining 55

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Civic Amenity Sites and the action to protect
these Civic Amenity Sites from being put to
any other use.

All pending applications stand disposed of.


SD/-
(B M SHYAM PRASAD)
JUDGE










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