- 1 - NC: 2025:KHC:670-DB WP No. 7978 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 7978 OF 2021 (LB-RES-PIL) BETWEEN: 1. SRI SWAMY S/O SRI GURU MALLAPPA SWAMY AGED ABOUT 56 YEARS R/A NO.10, 3RD CROSS PIPELINE ROAD, J.C. NAGAR MAHALAKSHMIPURAM BENGALURU - 560 086 2. SRI KRISHNE GOWDA S/O LATE NARASIMHAIAH AGED ABOUT 57 YEARS R/A NO.861, 34TH MAIN ROAD 5TH CROSS, J.C. NAGAR NANDHINI LAYOUT BENGALURU - 560 096 …PETITIONERS (BY MS. DIVYA N, ADVOCATE FOR SRI T. SESHAGIRI RAO, ADVOCATE) AND: 1. THE COMMISSIONER BENGALURU DEVELOPMENT AUTHORITY HAVING OFFICE AT KUMARA PARK WEST Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - NC: 2025:KHC:670-DB WP No. 7978 of 2021 T. CHOWDAIAH ROAD BENGALURU - 560 020 2. SMT. R. NANDHINI W/O SRI C. SURESH AGED ABOUT 35 YEARS R/AT NO.109, FLAT NO.T-2, 3RD FLOOR MCC VASATHI SAMUCHYA 1ST CIRCULAR ROAD DOLLARS COLONY NANDHINI LAYOUT BENGALURU - 560 096 3. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE HUDSON CIRCLE BENGALURU - 560 002 …RESPONDENTS (SRI G. LAKSHMEESH RAO, ADVOCATE FOR RESPONDENT No.1 MS. DEVI SOWMYA L, ADVOCATE FOR RESPONDENT No.2 SRI AMITH DESHPANDE, ADVOCATE FOR RESPONDENT No.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT/ ORDER/DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT NOS.1 AND 3 TO CONSIDER THE REPRESENTATION GIVEN BY THE PETITIONER WHICH ARE FOUND AT ANNEXURE - N AND P, FURTHER THEY BE DIRECTED TO DEMOLISH THE ILLEGAL STRUCTURE PUT UP BY THE RESPONDENT NO.2 OVER PUBLIC PROPERTY i.e., ON THE PUBLIC ROAD AND ALSO ON THE CIVIC AMENITY SITE & ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 3 - NC: 2025:KHC:670-DB WP No. 7978 of 2021 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) Learned advocate Ms. Divya N appearing for the petitioners invited attention of the Court to the prayer made in this public interest petition whereby, the respondents were sought to be directed to consider the representation of the petitioners and to demolish illegal structure put up by respondent No.2. 2. Today when the petition came up for consideration, learned advocate for the petitioners stated that the petition is not required to be prosecuted any further in view of the fact that the Bruhat Bengaluru Mahanagara Palike (BBMP) has already issued show-cause notice to the owner of the alleged illegal construction. 3. The petition is liable to be disposed of, however, with the observation that the show-cause notice shall be taken to its logical end in accordance with law. - 4 - NC: 2025:KHC:670-DB WP No. 7978 of 2021 4. This Court has not gone into the merits nor has expressed any opinion on the merits of the petition. 5. The present petition is accordingly dismissed as not surviving. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (M.I.ARUN) JUDGE AHB List No.: 1 Sl No.: 59