- 1 - NC: 2025:KHC:14585 WP No. 17739 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17739 OF 2023 (LB-BMP) BETWEEN: SRI. SYED FAYAZ @ H BABU, S/O LATE SYED HUSSIAN, AGED ABOUT 60 YEARS, R/O FLAT NO. 201, 1ST FLOOR, KITTHAGNUR MAIN ROAD, NEAR SAMUEL PUBLIC SCHOOL, K.R. PURAM, BENGALURU - 560 036. …PETITIONER (BY SRI. SAGAR B.B, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHAHANAGARA PALIKE (BBMP), OFFICE OF THE COMMISSIONER, N.R. SQUARE, BANGALORE-560 001. 2. THE ASSISTANT COMMISSIONER, WHITE FIELD SUB DIVISION, OFFICE OF THE ACP, MAHADEVPURA POLICE STATION, WHITE FIELD ROAD, MAHADEVPURA, BANGALORE - 560 048. 3. UDAYNAGARA KANNADA YUVAKARA SANGHA (R), Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14585 WP No. 17739 of 2023 VSR LAYOUT, 2ND MAIN, UDAYNAGAR, BANGALORE - 560 016 REPRESENTED BY ITS SECRETARY. …RESPONDENTS (BY SRI. B.L. SANJEEV, ADVOCATE FOR R1; SRI. K.P. YOGANNA, AGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE INSPECTOR OF POLICE MAHADEVPURA POLICE STATION TO REGISTER AN F.I.R ON THE BASIS OF THE COMPLAINT DATED 24/07/2023 VIDE ANNEXURE-H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. This petition has been filed seeking issuance of writ of mandamus to direct the Inspector of Police to register an FIR on the basis of complaint dated 24.07.2023 at Annexure - H. 2. Petitioner has also sought for issuance of writ of mandamus to direct the respondent No.1 to initiate action in accordance with law against respondent No.3 and to remove the illegal construction as per Annexure - F. The subject matter of the writ petition relates to Arch said to have been - 3 - NC: 2025:KHC:14585 WP No. 17739 of 2023 illegally put up. During the pendency of the proceedings, learned counsel for the respondent - BBMP has filed an affidavit and relevant paragraphs are extracted as below: "I, …………... 2. I submit that this respondent as directed by this Hon'ble Court, the spot inspection report was submitted on 23/01/2024 and this Hon'ble Court considering the nature of the petitioner's grievance pertaining to the reliefs sought for and in the light of spot inspection report filed on 23/01/2024 was pleased to direct this respondent to take necessary steps for removal of the structure (an arch) built across the storm water drain. 3. I further submit that in compliance of the order passed by this Hon'ble Court for removal of the arch, necessary preparation were undertaken by the concerned department. The budgetary proposal was approved by the concerned division and the work order has already been assigned to one of the contractor, who are well versed in demolishing the structures which has been put up by erecting RCC pillars on either side of the road. 4. I further submit that the said demolition work couldn't undertaken with great care and the said place where the structure (Arch) has been put up to avoid the inconvenience to the pedestrians and the vehicle movements. But in view of declaration of Lokasabha Elections 2024 the demolition work could not undertaken 5. I further submit that as directed by this Hon'ble Court on 05/04/2024, necessary report was sought from the concerned Executive Engineer, BBMP, K.R. Puram Division and in the said report, it is stated that the said Arch has been put up by a private party on SWD is unauthorized structure and the said - 4 - NC: 2025:KHC:14585 WP No. 17739 of 2023 structure would be demolished as per the order dated 20/02/2024 passed by this Hon'ble Court. 6. I further submit that as directed by this Hon'ble Court, the demolition of the Arch would be completed on the conclusion of General Loksabha Elections, 2024." 3. It is stated that the Arch has been demolished. In light of the same, the grievance of the petitioner stands addressed for the present. 4. Accordingly, petition is disposed off taking note of the memo and the photographs produced along with the memo. All other contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 9