- 1 - NC: 2025:KHC:14139 WP No. 14985 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 14985 OF 2024 (LB-BMP) BETWEEN: 1. MRS NANDINI CHOUDHARY W/O AMIN CHARANIYA AGED ABOUT 40 YEARS, RESIDING AT APARTMENT NO.B-102, 1ST FLOOR, BLOCK 'B' 'LANDS DOWNE' APARTMENT, 7TH CORSS, DOMLUR LAYOUT, BANGALORE-560 071. … PETITIONER (BY SMT. TAHURA ANZAR., ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) HUDSON CIRCLE, BENGALURU-560 001. 2. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) MAYOHALL, ASHOK NAGAR, BENGALURU-560 001. 3. THE LANDSDOWNER APARTMENT ASSOCIATION LANDSDOWNE APARTMENT REGISTERED UNDER KARNATAKA SOCIETIES REGISTRATION ACT, 1960, DOMLUR LAYOUT, 7TH CROSS, Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14139 WP No. 14985 of 2024 BENGALURU-650 071. REPRESENTED BY ITS SECRETARY/PRESIDENT 4. SRI NISCHAL B A S/O MR. ABHAY KUMAR AGED ABOUT 42 YEARS, NO.821, 5TH MAIN, 5TH CROSS, VIJAYANAGAR, BANGALORE-560 040. 5. SMT. JESAL BHARTESH PATHAK W/O MR NISCHAL B A AGED ABOUT 39 YEARS, NO.821, 5TH MAIN, 5TH CROSS, VIJAYANAGAR, BANGALORE-560 040. 6. THE ASSISTANT DIRECTOR OF CITY AND TOWN PLANNING ASHOKNAGAR SUB DIVISION, MAYOHALL, BANGALORE - 560 001. … RESPONDENTS (BY SRI. KARTHIKEYAN B S., ADVOCATE FOR R1, R2 & R6; SRI SUBBA REDDY, ADVOCATE FOR R4 & R5; SRI CHANDAN S. MALAPUR, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE AN APPROPRIATE ORDER / WRIT DIRECTING RESPONDENT NO.1 AND 2 TO TAKE IMMEDIATE ACTION TO CONDUCT SPOT INSPECTION AND TAKE SUITABLE ACTIONS TO REMOVE THE FLAT THAT IS BEING ILLEGALLY CONSTRUCTED IN THE TERRACE FLOOR AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV - 3 - NC: 2025:KHC:14139 WP No. 14985 of 2024 ORAL ORDER Sri B.S. Karthikeyan, learned counsel appearing for respondent-BBMP files a memo alongwith the copies of order for demolition, endorsement dated 13.02.2025 and the notices issued under Sections 248(1), (2) and (3) of the BBMP Act and submits that the order for demolition under Section 356 of the BBMP Act has been passed which are pursuant to the proceedings under Section 248(3) of the BBMP Act. 2. Further, learned counsel appearing for respondent - BBMP has filed memo for compliance alongwith the Final Report pursuant to this Court's order dated 07.03.2025. Same is taken on record. 3. In light of the above, learned counsel for the petitioner has filed a memo seeking to withdraw the petition. Same is taken on record. It reads as hereunder:- "The undersigned counsel for the Petitioner herein states that, the Bruhat Bengaluru Mahanagara Palike (BBMP) had issued a Demolition order against - 4 - NC: 2025:KHC:14139 WP No. 14985 of 2024 the unauthorized floor at Site No. B-301-T, Landsdown Apartment, Ward No. 112, Domlur Bengaluru vide bearing No. EE/SN/356/--/2024-25. Further, the Petitioner herein seeking directions from this Hon'ble Court, to the BBMP Authority to act / take septs (sic) in terms of the Demolition Order. 2. It is submitted that, in lieu of the Demolition Order, the present writ petition become infructuous. Hence the Petitioner herein prays that this Hon'ble Court may be pleased to permit the Petitioner to withdraw the aforesaid petition with liberty to approach this Hon'ble Court if the BBMP does not take steps in terms of the Demolition Order and this memo may be taken on record in the interests of justice and equity." 4. In light of the memo filed, petition is disposed off as not calling for adjudication noticing the action taken by the respondent - Bruhat Bengaluru Mahanagara Palike (BBMP). 5. However, liberty sought for by the petitioner is reserved. Needless to state that the respondent BBMP is to take further steps as per the statutory scheme. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR