- 1 - NC: 2025:KHC:2555-DB WA No. 1255 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT APPEAL NO. 1255 OF 2024 (LB-BMP) BETWEEN: 1. K. JYOTHI PRAKASH AGED 68 YEARS, S/O LATE K. KRISHNAMURTHY RAO R/AT NO.97, BSM LAYOUT BANDEMATT, KENGERI UPANAGARA BANGALORE - 560 060. …APPELLANT (BY MS. CHITHARA B P, ADVOCATE FOR SRI. KARUMBAIAH T A, ADVOCATE) AND: 1. THE COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE HUDSON CIRCLE, BANGALORE - 560 002 2. THE JOINT COMMISSIONER BRUHAT BANGALORE MAHANAGARA PALIKE KENGERI SUB DIVISION KENGERI, BANGALORE - 560 060 Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2555-DB WA No. 1255 of 2024 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE RAJARAJESHWARI CIRCLE KENGERI UPANAGARA NO.2085, 1ST MAIN ROAD, KENGERI UPANAGARA, BANGALORE - 560 060 …RESPONDENTS (BY SRI. KARTHIKEYAN B S, ADVOCATE) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO MODIFY THE ORDER DATED 20.02.2023 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.7178 OF 2021 AND DIRECT THE RESPONDENT BBMP TO TAKE APPROPRIATE LEGAL ACTION ON THE BUILDING CONSTRUCTED BY THE DEVELOPER IN THE PROPERTY IN QUESTION WITHIN A SPECIFIED PERIOD BY CONSIDERING THE REPRESENTATION GIVEN BY THE APPELLANT IN THE INTEREST OF JUSTICE AND EQUITY. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:2555-DB WA No. 1255 of 2024 ORAL JUDGMENT (PER: HON'BLE * MR. JUSTICE M.I.ARUN) Heard learned advocate Ms. B.P. Chithara for Mr. T.A. Karumbaiah for appellant and learned advocate Mr. B.S. Karthikeyan for respondent - Bruhat Bengaluru Mahanagara Palike (BBMP). 2. This appeal under Section 4 of the Karnataka High Court Act, 1961 is preferred by the original petitioner against the judgment and order dated 20.02.2023 passed by learned Single Judge in writ petition No.7178 of 2021. 3. The appellant is said to be the owner of Site Nos.97 and 98, Katha No.3961, 4th Block, Bandemutt Layout, Kommaghatta Road, Kengeri, Bangalore South. He is said to have entered into a Joint Development Agreement with one M/s.Yogakshema Builders and Developers. The respondent-BBMP has issued a notice under Section 308 of the Karnataka Municipal Corporations Act, 1976 asking the appellant to produce certain documents, failing which, action would be taken by considering the building as * deleted vide chamber order dated 11.02.2025. - 4 - NC: 2025:KHC:2555-DB WA No. 1255 of 2024 un-authorized. In reply, the appellant has requested the respondents to take necessary action in respect of the building constructed and has submitted that he has cancelled the Joint Development Agreement. As no action was initiated, the writ petition came to be filed with a prayer to direct the respondents to act on the representations of the appellant and take appropriate action in respect of the construction made on the property. 4. Learned Single Judge on the ground that the dispute essentially involves a lis between the appellant and the developer and in the absence of the developer and without hearing him, no effective order could be passed has observed that the petitioner can resolve the dispute before the Competent Civil Court while reserving the liberty to the respondent-BBMP to take appropriate action in accordance with law and disposed of the writ petition accordingly. 5. Not satisfied by the order passed by learned Single Judge, the present writ appeal is filed with a prayer to direct the respondents-BBMP to take appropriate legal action on the building - 5 - NC: 2025:KHC:2555-DB WA No. 1255 of 2024 constructed by the developer on the property in question within a specified period by considering the representation of the appellant. 6. Admittedly, there is a dispute between the appellant and the developer of the property. Irrespective of the dispute between them, if construction is not made on the property in accordance with law, the respondent-BBMP, has the necessary authority to initiate appropriate action in accordance with law against both the appellant as well the developer of the property. The same has been observed by learned Single Judge in the impugned order. If there is any dispute between the appellant and developer or his legal heirs, the appellant has to approach the Civil Court of competent jurisdiction. The appellant without making the developer or his legal heir a party to the proceedings cannot be permitted to use this proceedings to harm the interest of the developer by seeking a direction against the respondent-BBMP. Learned Single Judge has rightly observed the same and has disposed of the writ petition. 7. We do not see any error in the well reasoned order of learned Single Judge. - 6 - NC: 2025:KHC:2555-DB WA No. 1255 of 2024 8. The writ appeal is hereby dismissed. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 23