- 1 - NC: 2025:KHC:1303 WP No. 20054 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 20054 OF 2024 (LB-BMP) BETWEEN: 1. MR HALESH K S/O LATE KALINGAPPA AGED ABOUT 47 YEARS 2. MRS BHAGAYA B K W/O HALESH K AGED ABOUT 42 YEARS BOTH RESIDING AT NO.4 KEB ROAD KANAKAPURA MAIN ROAD THALAGATTAPURA VILLAGE BEGNALURU SOUTH TALUK BENGALURU 560 109. …PETITIONERS (BY SRI. MURALIDHAR H M., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE NO.2 N R SQUARE BENGALURU 560 002 REP. BY ITS COMMISSIONER. 2. ASSISTANT EXECUTIVE ENGINEER BBMP BUILDING, 1ST FLOOR KENGERI INDIRA CANTEEN, 1ST MAIN ROAD (VARTHUR ROAD), KENGERI UPANAGAR BENGALURU 560 060. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1303 WP No. 20054 of 2024 3. ZONAL COMMISSIONER BBMP, SOUTH ZONE RAJARAJESHWARI NAGAR BENGALURU 560 098. 4. MR KAPIL S/O MAHENDRA SINGH (VPO) 695/120 BBMP WARD NO.198 1ST CROSS, JYOTHI LAYOUT THALAGATTAPURA, KANAKAPURA ROAD BENGALURU 560 062. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K S., ADVOCATE FOR R1 TO R3; SRI. M SRINIVASAIAH, ADVOCATE FOR R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS TO RESPONDENT Nos.1 TO 3, TO TAKE ACTION AGAINST THE RESPONDENT No.4 UNDER SEC 352 OF THE BBMP ACT, 2020, PURSUANT TO THE CONFIRMATION ORDER DTD 06.07.2023 PASSED BY THE RESPONDENT No.2 VIDE ANNEXURE-K FORTHWITH, BY OR IN THE ALTERNATIVE PASS SUCH OTHER ORDER/S AS THIS HONBLE COURT DEEM FIT TO PASS IN THE CIRCUMSTANCES OF THE CASE AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:1303 WP No. 20054 of 2024 ORAL ORDER 1. The petitioners in this writ petition are seeking for issuance of a mandamus to respondent Nos.1 to 3 to take action against respondent No.4 under Section 352 of the Bruhat Bangalore Mahanagara Palike Act, 2020 (for short, ‘the Act’) pursuant to order of confirmation dated 06.07.2023. 2. The learned counsel appearing for the petitioners placed on record an order dated 20.11.2024 passed by the Executive Engineer, Bruhat Bangalore Mahanagara Palike (‘BBMP’), under Section 356(2) of the Act, whereby it is ordered for demolition of that portion of the construction which was contrary to the building plan. He has also placed on record the Technical Approval granted on 08.11.2024 for the costs that are to be incurred for undertaking demolition. 3. It is therefore clear that the respondents have taken action pursuant to the confirmation order and hence - 4 - NC: 2025:KHC:1303 WP No. 20054 of 2024 the prayer in this writ petition would not survive for consideration. 4. It is however made clear that the order of demolition that is passed shall be implemented and a report of compliance shall be placed before this Court within a period of three months from today. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 65