- 1 - NC: 2025:KHC:950 WP No. 215 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 215 OF 2025 (LB-BMP) BETWEEN: SRI SRINIVAS RAO K S/O SRINIVAS RAO AGED ABOUT 53 YEARS RESIDING AT NO G-50/1 KSSIDC INDUSTRIAL ESTATE 12TH C MAIN, 6TH BLOCK RAJAJINAGAR BANGALORE - 560 010. …PETITIONER (BY SRI SRINIVAS V, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER N.R SQUARE BBMP BANGALORE-01. 2. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGAR PLAIKE, RAJA RAJASEHWARI NAGARA ZONE, RAJARAJASESWARI NAGAR, BENGALURU-560 098. 3. THE EXECUTIVE ENGINEER RAJARAJASEHWARI NAGARA DIVISION, NEHARU ROAD, BEML 3RD STAGE RAJASEHWARI NAGARA, BENGALURU-98. 4. THE ASSISTANT EXECUTVE ENGINEER RAJARAJASEHWARI NAGARA Digitally signed by KIRAN KUMAR R Location: High Court of Karnataka - 2 - NC: 2025:KHC:950 WP No. 215 of 2025 SUB DIVISION, NEHARU ROAD BEML 3RD STAGE, RAJARAJASEHWARI NAGARA, BENGALURU - 560 098. 5. SRI K. MADAN RAO S/O LATE. M. KRISHNOJI RAO, AGED ABOUT 40 YEARS R/AT NO.127/3, SRINIVASA KRUPA, BHEML MAIN ROAD, SUNDAY BAR ROAD, KENCHENAHALLI, R.R. NAGAR BENGALURU-560 098. …RESPONDENTS (BY SRI PAWAN KUMAR, ADV., FOR R-1 TO R-4) THIS W.P. IS FILED UNDER ARICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 AND 4 FOR TAKING NECESSARY ACTION TO DEMOLISH THE ILLEGAL CONTRUCTION OF R-5 ON 11/1 ASSIGNED AS SITE NO.1 MEASURING EAST TO WEST NORTH SIDE 64-0 FEET AND SOUTHERN SIDE 64 FEET NORTH TO SOUTH 24 FEET SITUATED AT KENCHENAHALLI VILLAGE, BBMP WARD NO. 160 KENGERI HOBLI, BENGALURU SOUTH TALUK IN COMPLIANCE WITH THE ORDER DTD. 16.11.2024 PASSED IN APPEAL NO. 173/2024 AT ANNX-E PASSED BY THE R-1. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this petition is for issuance of a direction to respondent Nos.3 and 4 to implement the order passed by the appellate authority vide Annexure – E. - 3 - NC: 2025:KHC:950 WP No. 215 of 2025 2. Sri.Pawan Kumar, learned counsel, who accepts notice for respondent Nos.1 to 4 submits that the order of the appellate authority has been stayed by this Court in W.P.No.44/2025 and, therefore, it would not be possible to implement the said order. 3. In my view, in light of this submission, it is obvious that the prayer sought for in this writ petition cannot be granted. 4. This writ petition is therefore dismissed, but liberty is reserved to the petitioner to file a fresh writ petition if the order passed by the appellate authority is upheld in W.P.No.44/2025. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 9