- 1 - NC: 2025:KHC:10096 WP No. 5822 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 5822 OF 2025 (LB-RES) BETWEEN: VERGHESE STEPHEN AGED 62 YEARS, S/o. LATE. SRI. C. M. STEPHEN, RESIDING AT VILLA NO.20, AFTER THE RAIN, TOTAL ENVIRONMENT 23, SIR MVIT COLLEGE ROAD, BETTAHALSUR VILLAGE, BENGALURU - 562 157. …PETITIONER (BY SRI. M.D.RAJKUMAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, URBAN DEVELOPMENT DEPARTMENT, VIKAS SOUDHA, BENGALURU - 560 001. REPRESENTED BY ADDL. CHIEF SECRETARY 2. THE BANGALORE URBAN ZILLA PANCHAYATH, ZILLA PANCHAYAT BUILDING, S. KARIYAPPA ROAD, BANASHAKARI, BANGALORE - 560 070, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10096 WP No. 5822 of 2025 3. THE BETTAHALASOORU GRAM PANCHAYAT BETTAHALASOORU VILLAGE, BETTAHALASOORU POST, JALA HOBLI, YELAHANKA TALUK, BENGALURU - 562 157. REPRESENTED BY ITS EXECUTIVE OFFICER 4. BANGALORE DEVELOPMENT AUTHORITY T. CHOWDAIAH ROAD, KUMARAPARK WEST, BENGALURU - 560 020. REPRESENTED BY ITS COMMISSIONER 5. M/S. TOTAL ENVIRONMENT BUILDING SYSTEMS (P) LTD., A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1906 HAVING ITS REGISTERED OFFICE AT, IMAGINE 78, ITPL MAIN ROAD, EPIP ZONE, BANGALORE - 560 056. REPRESENTED BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. B.P.RADHA AGA FOR R1; SRI.M.S.DEVARAJ, ADVOCATE FOR R2 & R3;) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE PARTIAL OCCUPANCY CERTIFICATE DTD 10.01.2025 VIDE ANNX-A 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 - 3 - NC: 2025:KHC:10096 WP No. 5822 of 2025 ORAL ORDER Memo filed by learned counsel for the petitioner reads as here under: "The undersigned most respectfully submits that subsequent to filing of the instant writ petition, the Occupancy Certificate dated 10/01/2024; issued by Respondent No.3 in favour of Respondent No. 5 produced at Annexure A, sought to be quashed in the instant petition, has been withdrawn by Respondent No. 3. However the Respondent No.5 is still misusing the same to ensure certain authorities give sanctions such as BESCOM, BWSSB, etc., and have been giving possession of the villas to the homebuyers in the project After the Rain Phase II(a) on the basis of the occupancy certificate dated 10/01/2024 that has been withdrawn. In view of the same, although the writ petition has become infructuous, the Petitioner prays that this Hon'ble Court may be pleased to direct Respondent No.5 to refrain from using the said Occupancy Certificate for any future purposes, and in the likelihood of its use, the same is to be treated as inoperative by the concerned authorities, and direct the Respondent No.4 to take action against - 4 - NC: 2025:KHC:10096 WP No. 5822 of 2025 Respondent No.3 and 5 in accordance with law, in the interests of justice and equity." In light of the same, the petition is dismissed as not pressed. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 21