Karnataka High Court
M/S.Nirman Shelters (B) Pvt. Ltd vs State Of Karnataka on 10 September, 2025
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WA No. 1497 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF SEPTEMBER, 2025
PRESENT
THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE C M JOSHI
WRIT APPEAL NO. 1497 OF 2025 (LB-RES)
BETWEEN:
M/S. NIRMAN SHELTERS (B) PVT. LTD.,
(INCORPORATED UNDER THE COMPANIES ACT,
1956), OFFICE NO.45A-NN
NISARGA LAYOUT,
NEAR KOPPA GATE,
BANNERGHATTA ROAD, ANEKAL,
BENGALURU - 560 083
REP. BY MANAGING DIRECTOR
SRI.V.LAKSHMINARAYAN
...APPELLANT
(BY SRI. D ASWATHAPPA, ADVOCATE)
Digitally
signed by AND:
AMBIKA H B
Location: 1. STATE OF KARNATAKA
High Court
of Karnataka RURAL DEVELOPMENT
AND PANCHAYAT RAJ DEPARTMENT,
M.S.BUILDING,
BENGALURU - 560 001
REP. BY PRINCIPAL SECRETARY
2. BENGALURU METROPOLITAN REGION
DEVELOPMENT AUTHORITY (BMRDA)
OFFICE AT NO.1, ALI ASKAR ROAD,
BENGALURU - 560 052
REP. BY ITS COMMISSIONER
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WA No. 1497 of 2025
HC-KAR
3. THE COMMISSIONER
PANCHAYTH RAJ COMMISSIONERATE
M.S.BUILDING, AMBEDKAR ROAD,
BENGALURU - 560 001
4. KALLUBALU GRAM PANCHAYT
JIGANI HOBLI, ANEKAL TALUK,
BENGALURU URBAN DISTRICT,
BENGALURU - 560105
REP. BY ITS PANCHAYAT DEVELOPMENT OFFICER
5. MR. BHARATHRAJ
S/O. SRI.V.LAKSHMINARAYAN
AGED ABOUT 51 YEARS,
No.285, 2ND MAIN ROAD,
3RD PHASE, J.P.NAGAR,
BENGALURU-560 078
...RESPONDENTS
(BY SRI. K S HARISH, GOVT. ADV. FOR R1 AND R3)
WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT, 1961 PRAYING TO SET ASIDE THE JUDGMENT
AND ORDER DATED 22.08.2025 PASSED IN WP No-
20836/20252 (LB-RES) BY THE LEARNED SINGLE JUDGE HIGH
COURT OF KARNATAKA AT PRINCIPLE BENCH IN ALLOWING
THE IMPLEADING APPLICATION No-1/2025 FILED BY THE
RESPONDENT No-5 IN THIS APPEAL AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WA No. 1497 of 2025
HC-KAR
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE
and
HON'BLE MR. JUSTICE C M JOSHI
ORAL JUDGMENT
(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. The appellant has filed the present appeal impugning an order dated 22.08.2025 passed in W.P.No.20836/2022 (LB-Res), whereby the learned Single Judge had allowed an application for impleading filed by respondent No.5 and allowed the impleading applicant - respondent No.5 to be impleaded in the petition. The impugned order indicates that one of the grounds on which respondent No.5 was impleaded was that he was a complainant on the basis of which certain queries to the subject matter of challenge had been initiated.
2. It is the appellant's case that respondent No.5 had not produced any documents to establish that he was a complainant and therefore, the application for impleadment ought to have been rejected. -4-
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3. A plain reading of the application filed by respondent No.5 for being impleaded in the writ petition indicates that one of the grounds urged is that, there have been allegations made against respondent No.5 by the appellant in the writ petition.
4. A plain reading of the writ petition indicates that the said contention is correct. According to the petitioner, a person named Sri.Sadananda in collusion with respondent No.5 had stolen relevant papers with regard to the layout made by the petitioner Company. It does appear from the above that one of the defences raised by the petitioner Company for not producing certain documents they being stolen by respondent No.5.
5. In view of the fact that allegations have been made against respondent No.5, we find no infirmity with the decision to implead respondent No.5, as the writ petition clearly indicates that certain allegations have been made against respondent No.5.
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6. In view the above, the writ appeal is dismissed.
7. Pending applications, if any, stand disposed of.
Sd/-
(VIBHU BAKHRU) CHIEF JUSTICE Sd/-
(C M JOSHI) JUDGE KG List No.: 1 Sl No.: 26