- 1 - NC: 2025:KHC:2506 WP No. 33269 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33269 OF 2016 (LB-BMP) BETWEEN: 1. SRI SATYANARAYANA S/O LATE MUNIYAVALAPPA, AGED ABOUT 48 YEARS BY PROFESSION BUSINESS R/AT NO.6,2ND MAIN ROAD, BASAVESWARANAGAR, BANGALORE-560 030 …PETITIONER (BY SRI. S RAMA MURTHY., ADVOCATE) AND: 1. COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE, N.R.SQUARE, BANGALORE-560 002 2. ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE, BTM SUB DIVISION, 14TH MAIN ROAD,1ST STAGE, OFFICE OF BBMP, BANGALORE-560 029 …RESPONDENTS (BY SRI. H.DEVENDRAPPA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER AT ANNEX-A DATED 27.11.2015 IN APPEAL NO.905/2014 [REVENUE] OF THE KARNATAKA APPELLATE Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2506 WP No. 33269 of 2016 TRIBUNAL, BANGALORE AND THE ORDER OF THE R-2 AT ANNEX-B DATED 27.09.2014, ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. In this writ petition, the petitioner is challenging the order passed by the Karnataka Appellate Tribunal (KAT), by which, the Tribunal has upheld the order of confirmation passed against the petitioner in respect of the structure that he has put up. 2. The record reveals that the petitioner was sanctioned a plan in the year 2004 and proceedings were initiated for contravention of sanctioned plan only in the year 2014. It is therefore obvious that the petitioner would be entitled to seek for regularization in the event the provisions which permit regularization are upheld by the Apex Court. In that view of the matter, the petitioner is permitted to make an application for regularization of his - 3 - NC: 2025:KHC:2506 WP No. 33269 of 2016 unauthorized structure and the said representation shall be considered by the BBMP depending on the outcome of the matter that is pending before the Apex Court. Until then, the orders passed under Section 321(3) of the Karnataka Municipal Corporations Act and confirmed by the KAT shall not be given effect to. 3. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 56