M/S Vijaya Building Materials vs State of Karnataka

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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.

1. 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](https://indiankanoon.org/doc/1712542/) 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

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.

1. 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.

1. 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:-

NC: 2026:KHC:15705

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
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