- 1 - NC: 2025:KHC:8778 WP No. 5881 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5881 OF 2025 (LB-BMP) BETWEEN: 1. SRI VINAY KRISHNA H V S/O LATE.H.V.NANDAKUMAR, AGED ABOUT 35 YEARS, R/AT NO.81, 4TH MAIN ROAD, 13TH AND 15TH CROSS, MALLESWARAM, BANGALORE-560 003 …PETITIONER (BY SRI. R.SUBRAMANYA., ADVOCATE FOR SRI. CHANDRAPRABHA T S., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BANGALORE MAHANAGARA PALIKE, HEAD OFFICE, HUDSON CIRCLE, BANGALORE-560 009 2. ASSISTANT DIRECTOR, TOWN PLANNING, BRUHATH BANGALORE MAHANAGARA PALIKE, WEST ZONE, BHASHYAM PARK, SHESHADRIPURAM, BANGALORE-560 020 3. THE ASSISTANT ENGINEER, TOWN PLANNING, BRUHATH BANGALORE MAHANAGARA PALIKE, WEST ZONE, BHASHYAM PARK, SHESHADRIPURAM, BANGALORE-560 020. 4. PROFESSOR DR. DHIRENDRA V KUBAIR, S/O LATE PROFESSOR DR.V.G.KUBAIR, AGED ABOUT 53 YEARS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8778 WP No. 5881 of 2025 R/AT NO.81/1, 'PROFESSOR V.G.KUBAIR'S APARTMENTS', 4TH MAIN ROAD, MALLESWARAM, BANGALORE-560 003. 5. MRS.BHAGYASHREE KUBIAR, S/O PROFESSOR DR. DHIRENDRA V KUBAIR, AGED ABOUT 51 YEARS, R/AT NO.81/1, 'PROFESSOR V.G.KUBAIR'S APARTMENTS', 4TH MAIN ROAD, MALLESWARAM, BANGALORE-560 003 …RESPONDENTS (BY SRI. PAWAN KUMAR., ADVOCATE FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE ORDER DATED 15.02.2024, PASSED BY THE R1, VIDE ANNEXURE-A AND DIRECTING THE R1 TO DISMISS THE APPLICATION FILED BY THE R4 AND R5 UNDER ORDER I RULE 10 READ WITH SECTION 151 OF THE CODE OF CIVIL PROCEDURE FOR IMPLEADING THE R4 AND R5 AS RESPONDENTS NO. 3 AND R4, IN APPEAL NO. 253/2024, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. This writ petition is filed against an order passed by the Appellate Authority, by which he has allowed an application of the neighbor and permitted his impleadment as the respondents. - 3 - NC: 2025:KHC:8778 WP No. 5881 of 2025 2. In my view, this order cannot be found fault with, since essentially the proceedings for deviation from the sanctioned plan was initiated on the basis of the complaint lodged by the proposed respondents, who is now sought to be impleaded. 3. Learned counsel appearing for the petitioner however submits that the Appellate Authority by the presence of the proposed respondents is enlarging the scope of the appeal and is attempting to decide on factors which are not relevant for purpose of the appeal. 4. In the light of this submission, it is made clear that the Appellate Authority shall confine its consideration in the appeal only to the legality of the order of confirmation, which is, in turn, obviously based on the deviation from the sanctioned plan and nothing more. 5. Subject to the above, this writ petition is therefore disposed of. - 4 - NC: 2025:KHC:8778 WP No. 5881 of 2025 6. It is needless to state that the Appellate Authority will confer opportunity on both the petitioner as well as the proposed respondents, who are now impleaded before passing any order. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 15