- 1 - NC: 2025:KHC:6987 WP No. 15104 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 15104 OF 2024 (LB-BMP) BETWEEN: 1. SMT SHARADA MANJUNATH W/O LATE M B MANJUNATH AGED 81 YEARS, PRESENTLY AT MAKONAHALLI VILLAGE, MUDIGERE TALUK CHICKMAGALUR DISTRICT PIN-577 132. …PETITIONER (BY SRI. ARUN B M., ADVOCATE) AND: 1. BRUHATH BANGALORE MAHANAGARA PALIKE N R SQUARE BANGALORE-560 001 BY ITS COMMISSIONER. 2. ASSISTANT EXECUTIVE ENGINEER RAJAJINAGAR SUB DIVISION BRUHATH BANGALORE MAHANAGARA PALIKE BANGALORE-560 010. 3. ASSISTANT DIRECTOR TOWN PLANNING (W) BRUHAT BANGALORE MAHANAGARA PALIKE BHASYAM PARK SESHADRIPURAM BANGALORE-560 020. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6987 WP No. 15104 of 2024 4. SHRI NARAYAN SINGH FATHER NAME NOT KNOWN TO PETITIONER MAJOR, NO.61 (OLD NO.23) 1ST MAIN, KHB 1ST STAGE KAMAKSHIPALYA BENGALURU-560 079. …RESPONDENTS (BY SRI. B V MURALIDHAR., ADVOCATE FOR R1 TO R3; SRI. R VIJAYA KUMAR, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R1 TO 3 TO TAKE ACTION AGAINST THE ILLEGAL CONSTRUCTION UNDERTAKEN BY THE R4 IN HIS PROPERTY BEARING BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) NO. 61 (OLD NO. 23), SITUATE AT 1ST MAIN, KHB 1ST STAGE, KAMAKSHIPALYA, BENGALURU - 560079, IN VIOLATION OF PROVISIONS OF THE BRUHAT BENGALURU MAHANAGARA PALIKE ACT, 2020. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to respondent Nos.1 to 3 to take action against the illegal construction undertaken by the 4th respondent. - 3 - NC: 2025:KHC:6987 WP No. 15104 of 2024 2. Learned counsel for the BBMP submits that an order of confirmation has already been passed against the illegal construction put up by the 4th respondent. He also submits that, a suit had been filed and an interim order had been obtained, but the said suit was withdrawn and, now, there were no legal impediments for the BBMP to proceed further. 3. At this stage, learned counsel appearing for the respondents submits that the 4th respondent is intending to challenge the order of confirmation by preferring an appeal, he therefore submits that his rights be protected till the disposal of the appeal. 4. Since, an order of confirmation has been passed, it is obvious that the BBMP would have to proceed further and take the matter to its logical conclusion. If there are any legal impediments such as grant of an interim order by the Appellate Authority, it is obvious that they would not be able to take any such action. - 4 - NC: 2025:KHC:6987 WP No. 15104 of 2024 5. It is made clear that if there are no legal impediments for the Corporation, they can proceed to implement the order of confirmation. 6. The BBMP shall implement the order within a period of three months from the date of receipt of the copy of this order. 7. This 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 GSR List No.: 1 Sl No.: 28