- 1 - NC: 2025:KHC:3730 WP No. 12631 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12631 OF 2024 (LB-BMP) BETWEEN: 1. SRI T R MUNIRAJU S/O LATE SRI N P RAMAIAH ALIAS N.P. RAMAIAH REDDY, AGED ABOUT 61 YEARS, RESIDING AT NO.27, 3RD CROSS, I MAIN, VINAYAK NAGAR, B BLOCK, KONENA AGRAHARA, BENGALURU - 560017 (SENIOR CITIZEN BENEFIT NOT CLAIMED BY THE PETITIONER) …PETITIONER (BY SRI. C SHANKAR REDDY., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, HUDSON CIRCLE, BENGALURU - 560009. 2. THE JOINT COMMISSIONER, MAHADEVAPURA ZONE, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560048. 3. THE ASSISTANT EXECUTIVE ENGINEER, HOODI SUB DIVISION, WARD NO.85, DODDANEKKUNDI MAHADEVAPURA ZONE, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3730 WP No. 12631 of 2024 BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560048. 4. THE ASSISTANT DIRECTOR OF TOWN PLANNING, MAHADEVAPURA ZONE, HOODI SUB DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BENGALURU - 560048. 5. SRI CHANDRA REDDY, SON OF LATE MUNISHAMI REDDY, AGED ABOUT 70 YEARS, RESIDING AT NO. 2491, 17TH MAIN, HAL 2ND STAGE, BENGALURU - 560008. 6. FF 21 CO-LIVING SERVICE ACCOMMODATION SY NO. 58/1 KATHA NO. 1755 NEAR VIBGYOR SCHOOL, THUBARAHALLI, BENGALURU - 560 066. REPRESENTED BY ITS MANAGER 7. SHERWOOD LONGSTAY PRIVATE LIMITED REGD OFFICE AT NO. 672, FERNS PARADISE, 4TH STREET DODDA NEKKUNDI, BENGALURU - 560037 REPRESENTED BY ITS DIRECTORS (1)SRI GANESH MADHAV BALIGA, (2) SRI RAHUL BALIGA, (3) SHYAMLI NEMANI (4) DEVANSHI NEMANI 8. M/S ADITYA BIRLA FINANCE LIMITED, A NON BANKING FINANCE COMPANY INCORPORATED AND REGISTERED UNDER THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT INDIAN RAYON COMPOUND, VERAVAL, GUJARAT - 362 266 - 3 - NC: 2025:KHC:3730 WP No. 12631 of 2024 REPRESENTED BY ITS DIRECTOR BRANCH OFFICE AT: M/S ADITYA BIRLA FINANCE LIMITED, NO.78, STAR AVENUE, 6TH CROSS, VICTORIA ROAD, BENGALURU – 560047 REPRESENTED BY ITS DIRECTOR REGISTERED UNDER THE COMPANIES ACT 1956 …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K S., ADVOCATE FOR R-1 TO R-4; SRI. CHENNAKESHAVA.B.S., ADVOCATE FOR R-5; SRI. AKASH V.T., ADVOCATE FOR R-7; SRI. RAWLEY MUDAPPA. I.P., ADVOCATE FOR R-8) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECT THE R-1 TO 4 TO CONSIDER THE DISPOSE OF THE REPRESENTATIONS (4 IN NUMBER) DTD. 26.03.2024 THE ANNEXURE-V, ANNEXURE-W, ANNEXURE-X AND ANNEXURE-Y RESPECTIVELY TO THIS WRIT PETITION PENDING BEFORE THE R-1 TO 4 HEREIN WITHIN A LIMITED TIME FRAME, PREFERABLY WITH 30 DAYS FROM THE DATE OF THE ORDER OF THIS HONOURABLE COURT OR SUCH OTHER TIME THAT MY BE FIXED BY THIS COURT AS THE MATTER IS EXTREMELY URGENT IN NATURE, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 4 - NC: 2025:KHC:3730 WP No. 12631 of 2024 ORAL ORDER 1. The prayer in this Writ Petition is for issuance of a mandamus to direct respondents No.1 to 4 to consider and dispose the four representations dated 26.03.2024 within a prescribed time period. 2. A further prayer is also made for cancellation of the occupancy certificate for issuing a direction to demolish the illegal structures, for direction to take appropriate action against the concerned officials and also to hold a spot inspection. 3. The essential prayer of the petitioner, as per the first representation, is to revoke the occupancy certificate dated 21.07.2022 which has been granted by the Bruhat Bengaluru Mahanagara Palike ('the BBMP') on various grounds which have been raised in the representation. 4. In my view, when a representation is given contending that the occupancy certificate is wrongly - 5 - NC: 2025:KHC:3730 WP No. 12631 of 2024 given and the same requires to be cancelled, the BBMP would have to necessarily consider the same and pass appropriate orders in accordance with law. 5. If, on such consideration the BBMP were to come to the conclusion that the occupancy certificate was given incorrectly, obviously the BBMP would have to take further action, as is permissible in law, against the offending persons. 6. Notwithstanding the above, if on the consideration of the said representation, the BBMP also comes to conclusion that after the issuance of the occupancy certificate the additional construction has been put up, then also the BBMP would have to take necessary action, in accordance with law, in respect of the subsequent construction that it has noticed. 7. I, therefore, direct the respondent No.2 – Joint Commissioner to consider the representation submitted by the petitioner and pass appropriate - 6 - NC: 2025:KHC:3730 WP No. 12631 of 2024 orders within a period of two months. If, on such consideration, as already observed above, the occupancy certificates have been given incorrectly or there are constructions put up in deviation of the sanction plan, it is obvious that the BBMP would have to necessarily take action against the concerned. This Writ Petition is, accordingly, disposed of. 8. 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.: 30