- 1 - NC: 2025:KHC:14587 WP No. 4411 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 4411 OF 2023 (LB-BMP) BETWEEN: SMT. KOUSALYA W/O H.K. RAJEGOWDA AGED ABOUT 49 YEARS, NO .01, 6THMAIN B ,3RD CROSS, BHUVANESHWARI NAGARA, BAGALAKUNTE, BENGALURU - 560 073. …PETITIONER (BY SRI. KASHINATH J.D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, N.R. SQUARE, CORPORATION BUILDING, BANGALORE - 560 002. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BANGALORE MAHANAGARA PALIKE, T. DASARAHALLI SUB-DIVISION BAGALAKUNTE, BENGALURU - 560 068. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14587 WP No. 4411 of 2023 4. SRI. M. DASAPPA, S/O LATE MUTHURAYAPPA, AGED ABOUT 70 YEARS, R/AT NO.533, 6TH MAIN ROAD, 3RD CROS, BHUVANESHWARINAGAR, T. DASARAHALLI, BANGALORE - 560 057. …RESPONDENTS (BY SRI. SUMANGALA GURUDEV GACHCHINAMATH, ADVOCATE FOR R2 AND R3; SMT. K. SUMA, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-QUASH IMPUGNED NOTICE LETTER/ORDER OF DEMOLITION BEARING NO. BBMP/DA.VA/SA.KA.A/T.DA.U.VI/PR 228/2022-23 DATED 14/02/2023 PASSED BY R-3 AS PER ANNEXURE-A AS ILLEGAL AND ARBITRARY EXERCISE OF POWER AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The present petition has been filed seeking for setting aside of the Notice at Annexure - A dated 14.02.2023. 2. Annexure - A is a notice issued to the petitioner to the effect that in light of the unauthorized construction put up and Lokayukta having been moved regarding inaction of the officials - 3 - NC: 2025:KHC:14587 WP No. 4411 of 2023 concerned and in light of the direction of the Lokayukta to remove unauthorized construction, time and date was fixed for removal of the unauthorized construction. 3. Learned counsel for the petitioner submits that the notice at Annexure - A stated to be pursuant to the direction by the Lokayukta cannot result in over-looking the directions passed in Appeal No.333/2017. It is submitted that the Authority ought to have followed the procedure as stipulated in the order passed disposing the Appeal No.333/2017 and only after which notice could have been issued. 4. Perused the order in Appeal No.333/2017. Operative portion of the order reads as follows: ಆೇಶ 1. ಳಂಬ ಮಾ ಾಡಾೆ. 2. ೕಲನಯನು ಪರಸಸಾೆ. 3. 2ೇ ಎದುರುಾರರ ಆೇಶ ಸಂ ೆ!: ಬೃ.#ೆಂ.ಮ.$ಾ/zÁ.ªÀ/¸À.PÁ.C/n.zÁ.G.«/¹.N:603:2016-17 ¢£ÁAPÀ 13.01.2017ನು ರದು%ಪ&ಸಾೆ. 4. ಪ'ಕರಣವನು 2ೇ ಎದುರುಾರ+ೆ ,ಂ-ರುಸು.ಾ/, ೕಲನಾರ+ೆ ೋ1ೕ2 3ಾ ಾ&, ಅವರ .ೆ+ೆದು5ೊಂಡು, ಮಹಜ8 ಾ&, ೕಲನಾರರ ಾ9ಾ :9ೇಶನದ ;/ೕಣ<ದ ಬ+ೆ= - 4 - NC: 2025:KHC:14587 WP No. 4411 of 2023 ಾಖೆಗಳನು ಪ@ೕಲೆ ಾ& ೕಲಂಡ ಕಾ<ಟಕ GZÀÒ ಾ!Bಾಲಯದ CೕD<ನ ,ೆ ೆಯEF ೕಲನಾರರು ಾ9ಾ ಸGC/ನEF ಕಟHಡ :ಾ<ಣ ಾಡಲು ನIೆ no ಮಂಜೂJಾC ಪKೆಯುವ ಅವಶ!ಕ.ೆ ಇೆMೕ ಎಂಬ ಬ+ೆ= ಪ@ೕಲೆ ಾ& :ಯಾನುNಾರ Oೊಸಾ @ೕಘ'9ಾ ಆೇಶ Oೊರ&ಸಲು ಆೇ@ಸಾೆ. 5. ಎದುರುಾರಂದ Bಾವೇ ೕCಯ ೋ1ೕಸನು ಅ$ೇQಸೆ ಈ ಆೇಶದ ಸೂಚೆ ತಲುDದ -ನ-ಂದ ಒಂದು CಂಗVೆWಳ+ೆ ೕಲನಾರರು 2ೇ ಎದುರುಾರ ಸಮXಮ OಾಜJಾ ಪ'ಕರಣವನು @ೕಘ'9ಾ ಇತ!ಥ<ಪ&ಸಲು 2ೇ ಎದುರುಾ+ೆ ಸಹಕಸತಕದು%. 6. ಕಾ<ಟಕ ೕಲನ ಾ!BಾZಕರಣದ Jೆಗು!ೇಶ[ 53(ಎ) ರಂ.ೆ CೕD<ನ ಪ'Cಯನು 2ೇ ಎದುರುಾರರ ಕ\ೇ ಕಡತೊಂ-+ೆ 9ಾಪಸು] ಕಳ^,ಸಲು Oಾಗೂ ಆೇಶದ ಪ'Cಯನು ಅDೕಲುಾರ+ೆ ಕಳ^,ಸಲು ಆೇ@ಸಾೆ." 5. Clearly the order passed in Appeal No.333/2017 would direct that fresh notice to be made out, inspection of the building in presence of the petitioner to be made, measurements taken and mahazar drawn. Admittedly, such procedure has not been followed and directly notice at Annexure-A has been passed. The question of directly issuing notice at Annexure - A in light of the proceedings pending before the Lokayukta, is impermissible insofar as the lis inter se between the petitioner and respondent - BBMP was a subject - 5 - NC: 2025:KHC:14587 WP No. 4411 of 2023 matter in Appeal No.333/2017 in which certain directions have been passed. Accordingly, the notice at Annexure - A is set aside. 6. Respondent - BBMP is required to follow the procedure stipulated in the order passed in Appeal No.333/2017 extracted above and proceed further. 7. The contention of respondent No.4 that despite the appeal having been disposed off on 03.06.2020, no action has been initiated by the officials of the respondent - BBMP requires to be taken note of as well. Accordingly, respondent - BBMP is to take further proceedings pursuant to Appeal No.333/2017 within a period not later than three weeks from today and endeavour to complete the same not later than three months from today. Petition is disposed off. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 2 Sl No.: 2 CT: BHK