- 1 - NC: 2025:KHC:8614 WP No. 2263 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 2263 OF 2025 (LB-BMP) BETWEEN: 1. SRI REHAN SIDDIQUE KHAMARUDDIN AGED ABOUT 58 YEARS S/O ABDUL REHMAN KHAMARUDDIN NO 450, 18TH MAIN JAYANAGAR, 4TH T BLOCK BENGALURU 560041. …PETITIONER (BY SRI. KRISHNAMURTHY M R., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE, BENGALURU 560002. 2. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE BOMMANAHALLI ZONE BOMMANAHALLI, BENGALURU 560068. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE ARAKERE SUB DIVISION WARD NO 187, BBMP BENGALURU 560076 4. SRI MADHUSUDHAN RAO S/O VEERABHADRA RAO AGED ABOUT 68YEARS NO 70/A, 15THMAIN ROAD 17TH D CROSS, NANJUNDESHWARA HSBS LAYOUT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8614 WP No. 2263 of 2025 JP NAGAR, 5THPHAE, BENGALURU 56078. 5. SRI ARVIND K SHASTRY S/O T N KRISHNAMURTHY AGED ABOUT 38 YEARS NO 204, 15TH MAIN NANJUNDESHWARA HSBS LAYOUT JP NAGAR, 5TH PHASE BENGALURU 560078. …RESPONDENTS (BY SRI. K.V.BATHEGOWDA., ADVOCATE FOR R-1 TO R-3; SRI. K.V.MADHUSUDHAN RAO R-4 [PARTY-IN-PERSON]; SRI. ARVIND K.SASTRY R-5 [PARTY-IN-PERSON]) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENT NO.1 TO 3 TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER AS PER ANNEXURE-D AND E AND TAKE APPROPRIATE ACTION AS PER LAW. THIS PETITION, COMING ON FOR ORDERS, 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 mandamus to direct respondent No.1 to 3 to consider the representation given by the petitioner as per Annexure – D and E. 2. By Annexure – D and E, it was the case of the petitioner that he had complained to the authorities - 3 - NC: 2025:KHC:8614 WP No. 2263 of 2025 about the construction put up by respondent Nos.4 and 5 was contrary to the sanctioned plan. 3. In the light of the prayers made, this Court directed that a spot inspection be conducted in respect of the structures put up by respondent Nos.4 and 5 by the order dated 17.02.2025 and accordingly, the BBMP Engineers have conducted a spot inspection and have today filed a report. The said report indicates that the over all percentage of deviation against the approved sanctioned plan and Building Bye-laws is 13.68%. 4. The inspection report in respect of Sri.V.V.Madhusudhan Rao, i.e., respondent No.4 is that the over all percentage of deviation against the approved sanctioned plan and Building Bye-laws was 30.83%. 5. These reports therefore indicates that the alleged extent of deviation is less than 50% and it is also not - 4 - NC: 2025:KHC:8614 WP No. 2263 of 2025 in dispute that the structures in question have been erected prior to 2013. 6. Since the provision of law as it stands permits regularization up to 50% in respect of the residential area, it would be inappropriate to entertain this writ petition, since respondent Nos.4 and 5 would have right to seek for regularization, in the event the contents of the inspection report are correct, that right of the petitioner cannot be frustrated by directing the authorities to proceed against them for the present. 7. If however the petitioner fail to seek for regularization or fail to establish that they have put up construction in accordance with the Building Bye- laws and though there would be some deviation from the sanctioned plan, the authorities cannot be permitted to proceed against them. 8. This writ petition is accordingly disposed of. - 5 - NC: 2025:KHC:8614 WP No. 2263 of 2025 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 0