CHANDRASHEKARAIAH, J. ( 1 ) THE petitioners in these Writ Petitions are occupying high posts in the State of Karnataka. The prayer in these Writ Petitions is for a mandamus directing respondents 1 to 4 to forthwith demolish all the unauthorised constructions made by Respondent No. 5 in and outside the premises at No. 58, 21st Main, 5th A cross, B. T. M. Layout II stage, Bangalore - 76 and to prevent respondent No. 5 from running the school or using the said premises for any other purpose except for residential purpose. ( 2 ) THE respondent No. 5 has filed statement of objections stating that under zonal regulations, it is permissible to use a residential premises for the purpose of running a school. It is further stated that all the petitioners have encroached the area reserved for park and the Government land and unauthorized construction and therefore, they have no moral right to come to this Court alleging that respondent No. 5 has no right to use the residential premises for the purpose of running the school. ( 3 ) IN order to ascertain the truth or otherwise regarding encroachment made by the petitioners, I passed an order on 9. 12. 2003 appointing the Commissioner of BDA as a Commissioner to inspect the land and find out whether there is any encroachment of the Government land and the area reserved for the park by the petitioners and respondent No. 5 with reference to the approved plan with the assistance of a qualified Engineer and submit the report. Pursuant to the said direction, the Commissioner has submitted the report. ( 4 ) AFTER passing of the said order, the petitioners have filed a memo for withdrawal of the Writ petitions stating that the person who has now purchased the property from the 5th respondent has undertaken to use the building in question for a residential purpose only. This is obviously to overcome the report that may be submitted by the Commissioner. ( 5 ) IN order to come to this Court for a relief under Article 226, one should come with clean hands. In the instant case in order to know whether the petitioners have come to this Court with clean hands or not, I have passed the aforesaid order to inspect and submit the report. ( 5 ) IN order to come to this Court for a relief under Article 226, one should come with clean hands. In the instant case in order to know whether the petitioners have come to this Court with clean hands or not, I have passed the aforesaid order to inspect and submit the report. Pursuant to this direction the Commissioner of B. D. A. has submitted the report on the last hearing date. This report is to the effect that except petitioner No. 1, all other petitioners have encroached the government land and the area reserved for the park. When I asked the Commissioner regarding the encroachment of any other person in that locality when he was present before the Court on the last occasion, he submitted that there are other persons who have also encroached the government land and the area reserved for the park. The petitioners being high bureaucrats ought not to have unauthorisedly encroached the Government land or the area reserved for the park and made use of the said land unauthorisedly. But they have come to this Court alleging unauthorized user of the premises by the 5th respondent when they themselves unathorisedly encroached the Government land and the area reserved for the park. ( 6 ) SRI Naganand - learned Counsel appearing for the petitioners submits that whether in fact they have encroached the Government land or the area reserved for the park, is not an issue in these petitions and therefore, this Court should have permitted the petitioners to withdraw the Writ petitions filed by them. The respondent No. 5 in his statement of objections has specifically stated that the petitioners themselves have encroached the Government land and the area reserved for the park and therefore they are not entitled for any relief in these petitions under article 226 of the Constitution of India. No doubt the encroachment made by the petitioners is not the subject matter of these Writ Petitions. But however, when this fact is specifically brought to the notice of this Court in the statement of objections filed by respondent No. 5, it is just and necessary to ascertain whether in fact the petitioners have encroached any Government land or the area reserved for the park. But however, when this fact is specifically brought to the notice of this Court in the statement of objections filed by respondent No. 5, it is just and necessary to ascertain whether in fact the petitioners have encroached any Government land or the area reserved for the park. Therefore, under Article 226 even though no relief has been claimed in so far as the encroachment by the petitioners is concerned, this Court has the power under Article 226 to order for removal of such encroachments. This Court and the Supreme court in several cases have held that any law made by the State or Union of India can be declared as unconstitutional even at the instance of the defendant/ respondent, even though there is no prayer for such relief. When such being the case, when the respondent No. 5 has specifically pleaded that the petitioners have encroached the Government land and the area reserved for the park, it is just and necessary to direct the authorities to take appropriate steps to clear such encroachments so as to bring it in conformity with zonal regulations and Building regulations. Further if such unauthorized encroachment and construction are allowed to be there it would cause much hardship and injury to the general public. Hence, the following order: a direction is issued to the Commissioner of the BDA and the Commissioner of Bangalore City municipal Corporation, to clear the encroachments, if any, by the petitioners and by any other persons of Government land and the area reserved for the park in that locality and submit a report to this Court after notice to all the persons concerned within three weeks from today. The office is directed to send a copy of this order to the Commissioner of BDA and the commissioner of Bangalore City Corporation forthwith. Call this case after 3 weeks for further orders.