- 1 - NC: 2025:KHC:6494 WP No. 698 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 698 OF 2017 (LB-BMP) BETWEEN: 1. MYSORE POWER LOOM SILK MANUFACTURING CO-OPERATIVE SOCIETY LIMITED, NO 99/100, AVENUE ROAD, BENGALURU - 560002 REPRESENTED BY ITS SECRETARY …PETITIONER (BY SRI. G A ANTHONY CRUZE., ADVOCATE) AND: 1. THE BENGALURU MAHANAGARA PALIKE N R SQUARE BANGALORE - 560002 REPRESENTED BY ITS COMMISSIONER 2. THE ASSISTANT EXECUTIVE ENGINEER CHICKPET SUB DIVISION BANGALORE MAHANAGARA PALIKE THULASITHOTA BANGALORE - 560053 …RESPONDENTS (BY SRI. K V BATHE GOWDA., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RELEVANT RECORDS PENDING ON THE FILE OF R-1 CORPORATION PERTAINING TO THE ROAD WIDENING NOTIFICATION DATED:23.2.2005 VIDE ANNEXURE-C, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6494 WP No. 698 of 2017 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The Petition is filed challenging an order by which the Karnataka Appellate Tribunal has dismissed the appeal and thereby confirmed an order of confirmation passed against the petitioner-Society. 2. Learned counsel for the petitioner points out that the extent of the property was only 700 sq.ft. and was actually proposed for acquisition and he submits that it is permissible in law for seeking modification of the plan and thereby regularize the third floor that he has put up without obtaining a plan. 3. In my view, since the petitioner seeks permission to file a modified plan and contends that he is entitled to put up a third floor as per the Building Bye-Laws, it would be appropriate to direct the petitioner to submit a modified plan within a period of four weeks - 3 - NC: 2025:KHC:6494 WP No. 698 of 2017 thereafter and until then, the impugned orders shall not be given effect to. 4. It is needless to state that if the petitioner is entitled for putting up the third floor, in accordance with the Building Bye-Laws, the impugned order would become ineffective. This Writ Petition is, accordingly, disposed of. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 40