- 1 - NC: 2025:KHC:11763 WP No. 21361 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 21361 OF 2022 (LB-BMP) BETWEEN: SMT K PARIJATHA AGED ABOUT 65 YEARS W/O LATE N KESHAVA MURTHY SINCE DEAD BY LR’s K. MUTHYALAPPA, AGED ABOUT 43 YEARS S/O LATE N. KESHAVA MURTHY & K. PARIJATHA R/AT NO.164/3, GAYATHRI NILAYA, VASAVI TEMPLE ROAD, V.V. PURAM., BENGALURU-560004 (AMENDED AS PER THE ORDER OF THIS HON’BLE COURT DATED 28.2.2023) …PETITIONER (BY SRI. K.N. NITISH., ADVOCATE) AND: 1. BHRUAT BANGALORE MAHANAGARA PALIKE N.R. SQUARE, BANGALORE 560002 REP BY ITS COMMISSIONER 2. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, V.V. PURAM, BENGALURU 560004 3. THE ZONAL COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, V.V.PURAM Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11763 WP No. 21361 of 2022 BENGALURU 560004 4. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, V.V.PURAM BENGALURU 560004 5. THE EXECUTIVE ENGINEER BRUHATH BENGLAURU MAHANAGARA PALIKE SOUTH V.V. PURAM BENGALURU 560004 6. SRI. VIJAY KUMAR S BHASALI AGED ABOUT 62 YEARS, S/O SRI. SAKAL CHAND BHANSALI, R/AT NO. 4, 1ST FLOOR, MATRU KRUPA APARTMENT 4TH CROSS, N.S. IYENGAR STREET, SHESHADRIPURAM BENGALURU 560020 7. SRI. BHAVESH KUMAR AGED ABOUT 27 YEARS, S/O SRI. DINESH KUMAR R./AT NO. 66, SHANKESHWAR VILLA RAMA IYENGAR ROAD, SAJJAN RAO CIRCLE, V.V. PURAM , BASAVANAGUDI BENGLAURU 560004 8. SRI. MAHAVEER KUMAR AGED ABOUT 43 YEARS, S/O SRI. JUGRAJ JAIN R/AT NO. 3, 2ND FLOOR, MAKALLPPA OLANE NAGARTHPET CROSS, BENGALURU 560002 9. SMT. SUSHEELA BAI AGED ABOUT 60 YEARS, W/O SRI. VIJAY KUMAR S BHANASALI, R/AT MATHRU KRUPA APARTMENT 4TH CROSS, N.S. IYENGAR STREET, SHESHADRIPURAM, - 3 - NC: 2025:KHC:11763 WP No. 21361 of 2022 BENGALURU 560020 10. SRI. MAHENDRA KUMAR AGED ABOUT 45 YEARS, S/O SRI. JUGRAJ JAIN R.AT NO. 3, 3rd FLOOR, MAKLLAPPA LANE, NAGARATHPET CROSS, BENGLURU 560002 11. SMT. PRAVEENA JAIN AGED ABOUT 44 YEARS W/O MAHENDRA KUMAR R/AT NO.03, 3RD FLOOR, MAKALPPA LANE NAGARATHPET CROSS, BENGALURU 560 002 12. SRI. ARVIND BHANSALI AGED ABOUT 34 YEARS, S/O SRI. KAILASH BHANSALI, R/AT NO.16, FLAT NO.202 M.M.V ROAD, V.V.PURAM VASAVI TEMPLE ROAD CROSS, BENGALURU 560 004 13. SRI. VIJAY KUMAR S BHANSALI AGED ABOUT 62 YEARS, S/O SRI. SAKAL CHAND BHANSALI, R.AT NO. 4, 1ST FLOOR, MATHRU KRUPA APARTMENT 4th CROSS, N.S. IYENGAR STREET, SHESHADRIPURAM, BENGALURU 560 020 (DELETED AS PER THE ORDER OF THIS HON’BLE COURT DATED 28.2.2023) 14. SMT. SEEMA BHANSALI AGED ABOUT 35 YEARS, W/O SRI. ARVIND BHANSALI, R.AT NO.16 FLAT NO.202 M.M.V ROAD V.V. PURAM VASAVI TEMPLE ROAD, CROSS, BENGALURU 560 004 - 4 - NC: 2025:KHC:11763 WP No. 21361 of 2022 15. SRI. SOHANLAL AGED ABOUT 61 YEARS, S/O LATE MUNNILALJI, R/AT NO.101, 1ST FLOOR, COMFORT CASTLE, OPP. METLIFE INSURANCE COMPANY, V.V.PURAM BENGALURU 560 004 16. SRI. JUGRAJ AGED ABOUT 61 YEARS, S/O SRI. RIKAB CHAND, R/AT NO.920-921 NAGARTHPET OTC ROAD, BENGLAURU 560 002 17. SMT. MEENA DEVI AGED ABOUT 47 YEARS, W/O SRI. PAWAN RAJ R.AT NO.18/201 2nd FLOOR, MADRASAB LANE, MANAVATHIPET CHICKPET BENGALURU 560 053 18. SRI. PAWAN RAJ AGED ABOUT 49 YEARS, S/O SRI. DESH RAJ R.AT NO.18/201, 2ND FLOOR, MADRASAB LANE, MANAVATHIPET, CHICKPET BENGALURU 560 053 19. SMT. HEMA JAIN AGED ABOUT 38 YEARS, W/O SRI. CHAMPALAL, R/AT NO.274, 3RD FLOOR, AKKAMAHADEVI MAIN ROAD, AKKIPET, CHICKPET, BENGLAURU 560 053 20. SMT. BHARATHI AGED ABOUT 44 YEARS, - 5 - NC: 2025:KHC:11763 WP No. 21361 of 2022 W/O SRI. MAHAVEER KUMAR R.AT NO.3, 2ND FLOOR, MAKKALLAPPA LANE, NAGARTHPET CROSS, BENGLAURU 560 002 21. 22. 23. M/S JINESHWAR CONSTRUCTION LLP NO.7 AND 7B, GROUND FLOOR, SAMPOORNA CHAMBERS NO.13, VASAVI TEMPLE STREET, V.V.PURAM, BANGALORE 560 004 A LIMITED LIABILITY PARTNERSHIP FIRM REP BY ITS DESIGNATED PARTNERS, a) BHAVESH KUMAR b) ANKT KUMAR JAIN STATE OF KAKRNATAKA REP BY PRL SECRETARY DEPARTMENT OF E-GOVERANCE M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001 (AMENDED AS PER ORDER OF THIS HON’BLE HIGH COURT DATED 10.4.2023) SMT. VIMALA REDDY, AGED ABOUT 65 YEARS W/O KANTHILAL R/T NO.8, FLAT NO. FF102, MIDDLE SCHOOL ROAD, V.V. PURAM, BANGALORE-560004 (AMENDED AS PER ORDER OF THIS HON’BLE HIGH COURT DATED 20.11.2023) …RESPONDENTS (BY SMT. NAVYA SHEKAR., AGA FOR R22, SRI. MALLIKARJUN REDDY K.S., ADVOCATE FOR R1 TO R5; SRI. G.K SHIVA PRAKASH., ADVOCATE FOR R6 TO R9 R11, R12 & R14 TO R18 & R20; SRI. M.S. SHYAM SUNDAR., SR. ADVOCATE FOR SMT. VANDANA P.L., ADVOCATE FOR R10, SRI. SAGAR G NAHAR., ADVOCATE FOR R19; SRI. P.D. SURANA., ADVOCATE FOR R21; - 6 - NC: 2025:KHC:11763 WP No. 21361 of 2022 V/O DATED 28.2.2023 R13 DELETED; SRI K.N. SUBBA REDDY., ADVOCATE FOR R23) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT AUTHORITIES TO TAKE ACTION WITH RESPECT TO THE ILLEGAL CONSTRUCTION ACTIVITIES CARRIED OUT BY THE R6-21 IN SCHEDULE B PROPERTY BY CONSIDERING THE REPRESENTATION AT ANNEXURE-P DTD 29.9.2022 AND ETC. THIS WRIT PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner is before this Court seeking for the following reliefs: a. Issue a writ in the nature of mandamus giving direction to the Respondent authorities to take action with respect to the illegal construction activities carried out by the Respondent No. 6-21 in Schedule ‘B’ property by considering the representation at Annexure-P dated 29.9.2022. b. Grant costs; and c. Such other relief/s as this Hon’ble Court might deem meet the facts and circumstances of the case, in the interest of justice and equity. 2. During the pendency of the above matter, the respondent - BBMP had issued notices under subsection (1) of Section 248 and under subsection (2) of Section 248 of - 7 - NC: 2025:KHC:11763 WP No. 21361 of 2022 the BBMP Act 2020, followed by a confirmatory order under subsection (3) of Section 248 of the BBMP Act 2020, which had been challenged by the answering Respondents. The said appeal also having been dismissed, a Writ Petition is stated to have been filed. In that view of the matter, nothing survives in the present petition. The Writ Petition stands disposed in terms of the above observations. Pending applications do not survive for consideration. 3. If there is any pending appeal, the same to be considered by the Commissioner in accordance with law. SD/- (SURAJ GOVINDARAJ) JUDGE PRS List No.: 2 Sl No.: 10