IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 PRESENT THE HON’BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON’BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO. 109/2021 (LB-BMP) C/W WRIT APPEAL NO. 110/2021 (GM-RES) IN WRIT APPEAL NO. 109/2021: BETWEEN MR S SHIVAKUMAR S/O MR. SIDAPPA, AGED ABOUT 40 YEARS R/AT NO. 13, SOUTH PARK ROAD, NEHARU NAGAR, SHESHADRIPURAM BENGALURU 560020 ... APPELLANT/S (BY SRI./SMT.: SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1 . MRO TEK REALTY LIMITED (FORMERLY KNOWN AS MRO-TEK LIMITED) A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.6 NEW BEL ROAD, CHIKKAMARANAHALLI BNENGALURU 560054 W.A.NO.109/2021 C/W W.A.NO.110/2021 2 REPRESENTED BY ITS CHIEF FINANCIAL OFFICER MR. SRIVATSA GANESH. 2 . M/S UMIYA BUILDERS AND DEVELOPERS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT NO. 29/3 H.M. STRAFFORD, VASANTH NAGAR BENGALURU 560052 REPRESENTED BY ITS PROPRIETOR MR. ANIRUDDHA MEHTA. 3 . BRUHAT BENGALURU MAHANAGARA PALIKA AN AUTHORITY CONSTITUTED UNDER THE KARNATAKA MUNICIPAL CORPORATIONS ACT, 1976 HAVING ITS OFFICE AT HUDSON CIRCLE N.R. ROAD, OPOSITE TO LIC BUILDING BENGLAURU 560002 REPRESENTED BY ITS COMMISIONER. 4 . JOINT DIRECTOR TOWN LPLANNING NORTH BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 560002. 5 . THE ASSISTNAT EXECUTIVE ENGINEER KODIGEHALLI SUB DIVISION BRUHAT BENGALURU MAHANAGARA PALIKE BENGALURU 560092. …RESPONDENT/S (BY SRI./SMT.: H.N.NARENDRA DEV & OTHERS ADVOCATES FOR R1 & R-2 AND B.L.SANJEEV ADVOCATE FOR R3 TO R5) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 07.12.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOS.8508/2020 (LB-BMP) C/W WP NO.1801/2019 (LB-BMP) AND THEREBY ALLOW THE WRIT PETITION NO.8508/2020 (LB-BMP) IN THE INTERST OF JUSTICE AND EQUITY. W.A.NO.109/2021 C/W W.A.NO.110/2021 3 IN WRIT APPEAL NO. 110/2021: BETWEEN 1 . MR S SHIVAKUMAR S/O MR. SIDAPPA, AGED ABOUT 40 YEARS R/AT NO. 13, SOUTH PARK ROAD, NEHRU NAGAR SHESHADRIPURAM, BENGALURU 560020. ... APPELLANT/S (BY SRI./SMT.: SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE) AND: 1 . MRO TEK REALTY LIMITED (FORMERLY KNOWN AS MRO-TEK LIMITED) A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT NO.6 NEW BEL ROAD, CHIKKAMARANAHALLI BNENGALURU 560054 REPRESENTED BY ITS CHIEF FINANCIAL OFFICER MR. SRIVATSA GANESH. 2 . M/S UMIYA BUILDERS AND DEVELOPERS A PROPRIETORSHIP CONCERN HAVING ITS OFFICE AT NO. 29/3 H.M. STRAFFORD, 2ND FLOOR, 7TH CROSS ROAD VASANTH NAGAR, BENGALURU 560052 REPRESENTED BY ITS PROPRIETOR MR. ANIRUDDHA MEHTA. 3 . THE DIRECTOR GENERAL OF POLICE COMMANDANT GENERAL HOME GUARDS AND DIRECTOR OF CIVIL DEFENSE AND DIRECTOR GENERAL KARNATAKA STATE FIRE AND W.A.NO.109/2021 C/W W.A.NO.110/2021 4 EMERGENCY SERVISES NO. 1, ANANSWAMY MUDALIAR ROAD, BENGALURU 560042. …RESPONDENT/S (BY SRI./SMT.: H.N.NARENDRA DEV, ADVOCATE FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED 10.12.2020 PASSED BY THE LEARNED SINGLE JUDGE IN W.P.NOS.9331/2020 (GM-RES) AND THEREBY ALLOW THE WRIT PETITION, IN THE INTERST OF JUSTICE AND EQUITY. THESE WRIT APPEALS COMING ON FOR ORDERS ON THIS DAY THE COURT MADE THE FOLLOWING ORDER. CORAM: HON’BLE THE MRS. JUSTICE ANU SIVARAMAN AND HON’BLE MR.JUSTICE VIJAYKUMAR A PATIL W.A.NO.109/2021 C/W W.A.NO.110/2021 5 ORAL ORDER (PER: HON’BLE MRS.JUSTICE ANU SIVARAMAN) Finally, a week’s time is granted to comply with the office objections, failing which, the appeal stands dismissed without reference to Bench. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A.PATIL) JUDGE TYPED BY : SK CASE WORKER : SS COMPARED BY : SS COPY Sd/- ASSISTANT REGISTRAR