- 1 - NC: 2025:KHC:7472 WP No. 29303 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 29303 OF 2019 (LB-BMP) BETWEEN: 1. RAJAPPA GARDEN RESIDENTS WELFARE ASOCIATION REPRESENTED BY ITS GENERAL SECRETARY SRI PRASAD, NO.326/1, 1ST MAIN, SRINIDI LAYOUT CHUNCHNAGHATTA, KONANAKUNTA BANGALORE-560 062. …PETITIONER (BY SRI. MUNI REDDY M N., ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF URBAN DEVELOPMENT M.S.BUILDINGS, VIKASA SOUDHA B.R.AMBEDKAR VEEDI BANGALORE-560 001. 2. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE NR SQUARE HUDSON CIRCLE, BENGALURU, KARNATAKA-560 061. 3. THE ASSISTANT EXECUTIVE OFFICER BRUHATH BENGALURU MAHANAGARA PALIKE ANJANAPURA SUB DIVISION, 2ND MAIN, 6TH CROSS, RBI LAYOUT KOTHANURU MAIN ROAD, BENGALURU, KARNATAKA-560 078. 4. THE ASSISTANT EXECUTIVE OFFICER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7472 WP No. 29303 of 2019 BESCOM, S-6, SUB DIVISION, GOVRAVNAGAR, J.P.NAGAR 7TH PHASE, BENGALURU, KARNATAKA-560 078. 5. THE COMMISSIONER OF POLICE ALI ASKER ROAD, VASANTH NAGAR, BENGALURU, KARNATAKA-560051. 6. THE POLICE INSPECTOR KONANAKUNTA POLICE STATION 144, AMRUTH NAGAR MAIN ROAD, ANJANADRI LAYOUT, KONANAKUNTE, BENGALURU, KARNATAKA-560 062. 7. SRI.M.SHAMALA W/O SRI.T.KRISHNAPPA, R./AT NO.105, CHUNCHNAGHATTA, KONANAKUNTA, BANGALORE-560 062. …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA FOR R-1, 5 & 6; SRI. AMITH DESHPANDE., ADVOCTE FOR R-2 TO 4; SRI. SUDHAKAR., ADVOCATE FOR R-7) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R.2 AND 3 TAKE ACTION FOR STOPPING AND PUTTING UP ANY ILLEGAL CONSTRUCTION WITHOUT OBTAINING THE SANCTION/LICENSE FROM THE COMPETENT AUTHORITY IN KHATHA NO.105 ASSESSMENT NO.5 PROPERTY NO.61 SITUATED IN CHUNCHANAGHATTA, KONANAKUNTE, BANGALORE SOUTH TALUK, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7472 WP No. 29303 of 2019 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is to issue a direction to respondent Nos.2 and 3 to take action for stopping/putting up any illegal construction, without obtaining the sanction/lease from the competent authority. 2. The learned counsel for the Bruhat Bengaluru Mahanagara Palike ('the BBMP') places on record an order of confirmation passed under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 and also an order of demolition under Section 356 of the Act. 3. This would therefore indicate that necessary action has been taken by the BBMP in respect of the illegal construction pointed out by the petitioner. 4. In this view of the matter, the prayers in this writ petition would not survive for consideration. - 4 - NC: 2025:KHC:7472 WP No. 29303 of 2019 5. However, it would be appropriate to direct the BBMP to implement the order of demolition, subject to any legal impediment that may come up. 6. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 84