- 1 - NC: 2025:KHC:15014 WP No. 3348 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3348 OF 2025 (LB-RES) BETWEEN: 1. SRI VISHWANATH K S SON OF SRI SHIVADAS K.T., AGED ABOUT 67 YEARS, RESIDING AT NO. 859, ASHIANA, 13TH MAIN, SRI VINAYAKA LAYOUT, NAGARABHAVI 2ND STAGE, BANGALORE - 560 072. … PETITIONER (BY SRI. KRISHNA MURTHY V., ADVOCATE) AND: 1. THE MANAGING DIRECTOR CORPORATE OFFICE, BESCOM, K.R.CIRCLE,BANGALROE - 560 001. 2. THE ASSISTANT EXECUTIVE ENGINEER ELECTRICAL SRIGANDHADHAKAVALU, NAGARABHAVI O AND M, NORTH 8TH SUB-DIVISION, BESCOM,BANGALORE - 560 091. 3. THE CHAIRMAN, BWSSB,CAUVERY BHAVAN, KG ROAD,BANGALORE - 560 001. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15014 WP No. 3348 of 2025 4. THE ASSISTANT EXECUTIVE ENGINEER NAGARABHAVI SUB-DIVISION, BWSSB,80 FEET RING ROAD, NEAR BDA COMPLEX, NAGARABHAVI 2ND STAGE, BANGALORE - 560 072. 5. THE BRUHATH BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE, BANGALORE - 560 002 REPRESENTED BY ITS COMMISSIONER, 6. THE JOINT COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, RAJARAJESHWARINAGAR ZONE, 18TH CROSS, RAJARAJESHWARINAGAR BANGALORE - 560 098. 7. THE ASSISTANT DIRECTOR TOWN PLANNING BRUHATH BANGALORE MAHANAGARA PALIKE, RAJARAJESHWARINAGAR ZONE, 18TH CROSS, RAJARAJESHWARINAGAR BANGALORE - 560 098. 8. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BANGALORE MAHANAGARA PALIKE, GNANABHARATHI WARD NO.44, (PREVIOUSLY WARD NO.73 LAGGERE) BANGALORE - 560 098. 9. SMT. GAYATHRI G RAJU @ H C VIJAYALAKSHMI WIFE OF SRI N GOVINDA RAJU, AGED ABOUT 67 YEARS, NO.98, 3RD MAIN, 3RD STAGE, SRI VINAYAKA LAYOUT, - 3 - NC: 2025:KHC:15014 WP No. 3348 of 2025 VIJAYANAGAR,BANGALORE - 560 040. … RESPONDENTS (BY SRI. CHANNE GOWDA C., ADVOCATE FOR R1; SMT. PADMA S. UTTUR, ADVOCATE FOR R2; SRI B.L. SANJEEV, ADVOCATE FOR R3 & R4; SRI PAWAN KUMAR, ADVOCATE FOR R5 & R6; SRI D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI B. PRAMOD, ADVOCATE FOR R9) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE BESCOM, BWSSB OFFICIALS I.E, RESPONDENTS NO. 1 TO 4, NOT TO PROVIDE ANY SERVICE CONNECTIONS SUCH AS ELECTRICITY, WATER SUPPLY AND SEWERAGE CONNECTION TO THE 9TH RESPONDENTS PROPERTY BEARING NO. PID NO. 433/855, SITUATED AT SRI VINAYAKA LAYOUT, 12TH MAIN ROAD, NAGARABHAVI 2ND STAGE, WARD NO.073, (NEW WARD NO. 44), RAJARAJESHWARI ZONE, BANGALORE - 560 072, WHICH IS ILLEGAL, UNAUTHORIZED BUILDING, CONSTRUCTING IN VIOLATION OF THE SANCTIONED PLAN AND BUILDING LICENCE, AS PER THE DIRECTION AND GUIDELINES ISSUED BY THE HON'BLE SUPREME COURT OF INDIA, IN CIVIL APPEAL NO.14604 OF 2024, IN THE CASE OF RAJENDRA KUMAR BARJATYA AND ANOTHER VS U.P. AVAS EVAM VIKAS PARISDHAD AND OTHERS, WITHOUT SECURING COMMENCEMENT CERTIFICATE, COMPLETION CERTIFICATE- OCCUPATION CERTIFICATE ISSUED BY THE 7TH RESPONDENT IN ACCORDANCE OF LAW. (ANNEXURE-J) AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for directions to the BESCOM, BWSSB officials not to provide any service connections such as electricity, water supply and sewerage - 4 - NC: 2025:KHC:15014 WP No. 3348 of 2025 connection to the 9th respondent's property which according to the petitioner is an unauthorised building and that construction has been carried out in violation of the sanctioned building license. 2. The petitioner has sought for enforcement of the directions issued by the Hon'ble Apex Court in the case of Rajendra Kumar Barjatya and Another v. U.P.Avas Evam Vikas parishad & Ors. in Civil Appeal No.14604/2024 dated 17.12.2024. 3. The petitioner has also sought for directions to respondent nos.5 to 8 to ensure that no multi-storied building is constructed on the property in violation of the sanctioned plan and building license. The petitioner has sought for directions to respondent nos.5 to 8 to demolish the illegal structure constructed by the 9th respondent in violation of the sanctioned plan and building license. 4. It is submitted by the respondent-BBMP that note is taken of the complaint of the petitioner and action has - 5 - NC: 2025:KHC:15014 WP No. 3348 of 2025 been initiated and order has been passed under Section 248 (2) of the BBMP Act, 2020. It is further submitted that the said order passed by the BBMP has been challenged by way of appropriate proceedings before the Chief Commissioner. 5. In light of the stand of the respondent-BBMP, the matter could be disposed off while directing the Chief Commissioner, BBMP to expedite disposal of the appeal. The authorities concerned to take note of the observations of the Hon'ble Apex Court in the case of Rajendra Kumar Barjatya and Another (supra). 6. Needless to state that the conditions imposed in the 248 proceedings are to be strictly adhered to by the respondent during the pendency of the proceedings before the Chief Commissioner. It is made clear that there cannot be any further construction except with the prior permission of the respondent authorities. - 6 - NC: 2025:KHC:15014 WP No. 3348 of 2025 7. Learned counsel for petitioner submits that petitioner would file an appropriate application to be impleaded before the Chief Commissioner. The said submission is placed on record. If such an application is filed, needless to state the same to be considered in accordance with law. 8. Accordingly, the petition is disposed off. SD/- (S SUNIL DUTT YADAV) JUDGE NP