- 1 - NC: 2025:KHC:15154 WP No. 3588 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 3588 OF 2025 (LB-BMP) BETWEEN: BETHEL CHURCH NO. 302, SIDDHARTHANAGARA, JALAHALLI WEST, BENGALURU 560 015. REGD. UNDER TRUST AT BY ITS PASTOR REV. SHANTH RAJ S/O LATE REV K MOSES AGED ABOUT 56 YEARS. …PETITIONER (BY SRI. SARAVANA S., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE N.R SQUARE, BANGALORE - 560 002. 2. OFFICE OF ASSISTANT DIRECTOR TOWN PLANNING (RAJARAJESHWARI NAGAR) 18TH CROSS IDEAL HOME LAYOUT RAJA RAJESHWARI NAGAR NEAR BESCOM, BANGALORE - 560 098. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15154 WP No. 3588 of 2025 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE OFFICE ORDER VIDE NO. JUM.NI/RAARAANAVA/PR/162/24-25 DTD. 20.08.2024 ISSUED BY THE R-2 AS PER ANNX-G. OR IN ALTERNATIVE DIRECT THE R-2 TO ISSUE A FRESH OFFICE ORDER RE-CALLING / REVOKING THE SUSPENSION OF BUILDING LICENSE ORDER NO. JUM.NI/RAARAAANAVA/PR/162/24-25 DATED 20.08.2024 AS PER ANNX-G IN VIEW OF THE DISPOSAL OF M.F.A.NO. 5918/2023 DTD. 19.08.2024 AS PER ANNX-F. 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 1. The petitioner has sought for issuance of writ in the nature of certiorari to set aside the office order at Annexure - G dated 20.08.2024 whereby the respondent - BBMP has ordered for cancellation of the plan and ordered for keeping the plan issued in abeyance till proceedings before the Court are concluded with a further direction that no further construction is to be put up and status quo has to be maintained. 2. It is the case of the petitioner that even as on the date of the office order is passed on 20.08.2024 on the premise that there is a litigation pending as a result of - 3 - NC: 2025:KHC:15154 WP No. 3588 of 2025 which the plan is to be kept in abeyance, the High Court in MFA.No.5918/2023 had disposed off the miscellaneous first appeal by order dated 19.08.2024. 3. It is the case of the petitioner that there was a Civil dispute in O.S.No.26660/2022 with certain other private parties and the High Court had entertained miscellaneous first appeal in MFA.No.5918/2023 by virtue of which order of rejection of request of the plaintiffs in the suit for grant of injunction has been affirmed. 4. The observations made in the operative portion of the order in MFA.No.5918/2023 reads as follows: "i. Any of the observations made by this part while deciding this application shall not be construed as an expression of this Court and the Trial Court shall decide the application on the merits of it. ii. If any construction is made contrary to the licence granted by the BBMP, it is always open to the plaintiff to approach the BBMP. iii. Accordingly, the appeal is disposed off. iv. All I.As., in the appeal, shall stand closed." - 4 - NC: 2025:KHC:15154 WP No. 3588 of 2025 5. It is clear that the Court has permitted the petitioner to carry on with the construction. However, subject to the rider that it would not be contrary to the licence granted by the BBMP while reserving rights to the respondent - BBMP to take action in case of any deviation. Such order was passed on 19.08.2024. 6. In light of the same, question of keeping the plan in abeyance does not arise. The sole ground on which Annexure - G office order has been passed is regarding the pendency of the proceedings before the Civil Court. Once the injunctory relief has attained finality though as regards the interlocutory proceedings, the petitioner is permitted to carry on construction, necessarily respondent - BBMP cannot place any embargo and place the plan under suspension. 7. Needless to state the respondent - BBMP is at liberty to seek for enforcement of building bye-laws as well as the sanction plan and petitioner is obliged to construct in accordance with the sanction plan. - 5 - NC: 2025:KHC:15154 WP No. 3588 of 2025 8. Accordingly, Annexure - G is set aside. Noticing that the construction is admittedly not completed, the petitioner may have to seek for renewal of the plan before resuming construction. 9. If such application is made, respondent - BBMP to take appropriate action for renewal expeditiously. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 31