- 1 - NC: 2025:KHC:2749 WP No. 36711 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 36711 OF 2016 (LB-BMP) BETWEEN: 1. SRI V DWARAKANATH S/O V LAKSHMINARAYANAIAH, AGED ABOUT 55 YEARS 2. SMT V ANITHA DWARAKANATH W/O SRI V DWARAKANATH, AGED ABOUT 51 YEARS BOTH ARE R/AT NO.212, 10TH MAIN, NAGENDRA BLOCK, BANGALORE-560 050 …PETITIONERS (BY SRI. KARTHIK, ADVOCATE FOR SMT. PRASHANTHI A L., ADVOCATE) AND: 1. THE ASSISTANT EXECUTIVE ENGINEER BASAVANAGUDI SUB DIVISION, WARD NO.154, BRUHAT BANGALORE MAHANAGARA PALIKE, BENGALURU-560 050 2. BRUHAT BANGALORE MAHANAGARA PALIKE N.R.SQUARE, BANGALORE-560 002 REPRESENTED BY ITS COMMISSIONER …RESPONDENTS (BY SRI. N R JAGADEESHWARA, ADVOCATE) Digitally signed by SUMITHRA R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2749 WP No. 36711 of 2016 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDERS PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN APPEAL NO.220/2012 DTD 29.2.2016 DISMISSING THE APPEAL FILED BY THE PETITIONER HEREIN UNDER SECTION 443(A) OF THE KARNATAKA MUNICIPAL CORPORATION ACT CHALLENGING THE ORDER PASSED BY THE R-1 ASSITANT EXECUTIVE ENGINEER, BASAVANAGUDI SUB-DIVISION, BANAGLORE DTD 28.1.2012 THE CERTIFIED COPY OF WHICH IS PRODUCED AND MARKED AS ANNEXURE-A. 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 This petition is filed challenging the Confirmatory Order which has been confirmed in appeal. 2. During the pendency of this writ petition, an inspection was ordered to be conducted by this Court and the BBMP conducted inspection and filed a report. The petitioners have also filed an affidavit on 2.11.2023 to the effect that he would remove the deviations pointed out. Subsequently, they have also filed objections to the inspection report stating that they have rectified the defects pointed out and the deviations are now within the - 3 - NC: 2025:KHC:2749 WP No. 36711 of 2016 permissible limits and the petitioners would also be eligible for seeking regularization. 3. In the light of the said submission, in my view, it would be appropriate to direct the petitioners to file an application seeking for modification of the approved plan and If such an application is filed, the BBMP shall consider the same within two months and pass appropriate orders. Until then, the impugned orders shall not be given effect to. If the BBMP were to approve the modified plan, it is needless to state that the impugned orders shall automatically stand superceded. With the above said observations, writ petition is disposed of accordingly. Sd/- (N S SANJAY GOWDA) JUDGE rs List No.: 1 Sl No.: 47