Karnataka High Court
WA/1451/2026 of THE STATE OF KARNATAKA Vs B A JAGANNATHA on 3 July 2026
NC: 2026:KHC:33177-DB WA No. 1451 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 1451 OF 2026 (KLR-RES) BETWEEN: 1. THE STATE OF KARNATAKA REPRESENTED BY
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF JULY, 2026
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE T.M.NADAF
WRIT APPEAL NO. 1451 OF 2026 (KLR-RES)
BETWEEN:
1.
THE STATE OF KARNATAKA
REPRESENTED BY CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU -560001.
2.
THE PRINCIPAL SECRETARY,
P.W.D., SECTION,
VIDHANA SOUDHA,
BENGALURU -560001.
3.
THE PRINCIPAL SECRETARY,
REVENUE SECTION,
VIDHANA SOUDHA,
BENGALURU 560001.
4.
THE PRINCIPAL SECRETARY,
MUZARAI SECTION,
VIDHANA SOUDHA,
BENGALURU-560001
5.
THE COMMISSIONER OF
MUZARAI DEPARTMENT,
2ND AND 3RD FLOOR,
MAHADESHWARA VARTHA BHAVAN,
VENKATARAO ROAD, CHAMARAJPET,
BENGALURU -560018
Digitally
signed by
VASANTHA
KUMARY B
K
Location:
HIGH
COURT OF
KARNATAKA
HC-KAR
6.
THE DEPUTY COMMISSIONER,
BENGALURU CENTRAL DISTRICT,
BENGALURU -560009.
7.
THE ASSISTANT COMMISSIONER,
BENGALURU CENTRAL,
BENGALURU -560009.
8.
THE TAHASILDAR,
BENGALURU CENTRAL,
BENGALURU 560009.
9.
THE INSPECTOR GENERAL OF POLICE,
BENGALURU -560001.
…APPELLANTS
(BY SRI. I.THARANATH POOJARY, AAG ALONG WITH
M.N.SUDEV HEGDE, AGA)
AND:
1.
B A JAGANNATHA
S/O. B.R. ABBOY CHETTY,
AGE 60 YEARS, OCCUPATION,
BUSINESS,
RESIDENT OF NO.286, MAIN ROAD,
SECOND CROSS,
ANNAPURNESHWARI NAGARA,
GANDHADA KAVALU,
BENGALURU-560091.
2.
T.N. MANJUNATH,
S/O. LATE A. NAGARAJ,
AGE 44 YEARS,
R/O VENKATESWARA NILAYA,
DAVANUR ROAD,
OPPOSITE TO S.K. CHOWLTRY,
SOMESHWARAM, TUMAKURU -572102.
3.
DAMODAR. B.S.
S/O. SHIVABHUSHANAM
HC-KAR
AGE 85 YEARS,
RESIDENT OF NO.32,
7TH CROSS, JAI BHARATH NAGAR
MARUTHI SEVA NAGAR,
BENGALURU-560033.
…RESPONDENTS
(BY SRI. GOPAL K B., ADVOCATE FOR R1 TO R3)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 27.04.2026 PASSED BY THE LEARNED SINGLE
JUDGE IN WRIT PETITION No. 5521/2026 (KLR-RES) BY
ALLOWING THIS APPEAL, ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE T.M.NADAF
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ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
The present appeal has been filed by the State impugning the interim order dated 27.04.2026 passed by the writ Court in W.P.No.5521/2026.
2. Under the provisions of Section 4 of the Karnataka High Court Act, 1961, against an interim order passed by the writ Court, writ appeal is not maintainable.
2. We therefore, dispose of this appeal with liberty to the appellants/State to move the writ Court by filing an
HC-KAR
appropriate application for vacating the interim order impugned in the present appeal.
3. However, the interim order passed by the writ Court shall be kept in abeyance for a period of one month.
4. The parties shall maintain status quo as on date in respect of the property in question and no further construction shall be carried out. SD/- (D K SINGH) JUDGE
SD/- (T.M.NADAF) JUDGE
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