- 1 - NC: 2025:KHC:2853 WP No. 23913 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 23913 OF 2024 (LB-BMP) BETWEEN: 1. SURAJ SUR S/O LATE RAJ KUMAR SUR, AGED ABOUT 49 YEARS, 2. VEENA PERUVAJE W/O SURAJ SUR AGED ABOUT 46 YEARS, BOTH HAVING ANCESTRAL HOUSE AT 73, RASHABEHARI AVENUE, CHANDANNAGAR, HOOGHLY, WEST BENGALURU PIN 712136. PRESENTLY RESIDING AT, MAKELANKATU 78-82, BLOCK -M, HELSINKI, FINLAND - 00610 REPRESENTED BY THEIR GPA HOLDER. BHASKAR DEY, S/O LATE BRAJEN DEY, AGED ABOUT 52 YEARS, RESIDING AT BASANTABAGAN, DHARAMPUR, (CT) RABINDRANAGAR, HOOGHLY, WEST BENGAL PIN 712103 …PETITIONERS (BY SRI. BRATIN KUMAAR DEY AND SRI. S. SHEHINSHA ALI., ADVOCATE) AND: 1. THE COMMISSIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:2853 WP No. 23913 of 2024 BRUHATH BENGALURU MAHANAGARA PALIKE, N R SQUARE, BENGALURU. KARNATAKA - 560002. 2. THE JOINT COMMISSIONER (BOMMANAHALLI ZONE) BRUHATH BENGALURU MAHANAGARA PALIKE, CMC BUILDING, 1, BEGUR RD, BOMMANAHALLI, BENGALURU. KARNATAKA PIN 5600068 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI ZONE, CMC BUILDING, 1, BEGUR RD, BOMMANAHALLI, BENGALURU. KARNATAKA - 560068. 4. MR R JAGADISH RAO DHUMAL RESIDING AT NO. T-2, M S PARK, BHORA LAYOUT, GOTTIGERE, B G ROAD, BENGALURU. KARNATAKA - 560083 …RESPONDENTS (BY SMT. ANUSHA PRASAD., ADVOCATE FOR R-1 TO R-3; SRI. K.BALAKRISHNA., ADVOCATE FOR R-4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTION TO THE R-1 TO 3 TO TAKE LEGAL ACTION AGAINST THE R-4 WHO IS CONSTRUCTING THE BUILDING IN CONTRARY TO THE SANCTION PLAN ISSUED THE R-1 TO 3 AND DEMOLISH THE ILLEGAL CONSTRUCTION AS PER THE ANNX-E, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:2853 WP No. 23913 of 2024 ORAL ORDER 1. The prayer in this Writ Petition is for issuance of mandamus to direct respondents No.1 to 3 to take legal action against respondent No.4, since the petitioner was complaining to them that the construction of a building in violation of the sanctioned plan was being erected after notices were ordered. 2. The Bruhat Bengaluru Mahanagara Palike ('the BBMP') has filed an Action Taken Report on 12.11.2024 in which it has stated that the BBMP has issued a show-cause notice under Section 313 of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, ‘BBMP Act’) and further construction has been stopped. 3. The respondent No.4 has also filed an affidavit on 18.12.2024 that he has stopped further construction. - 4 - NC: 2025:KHC:2853 WP No. 23913 of 2024 4. Learned counsel for the BBMP submits that proceedings have also been initiated against the unauthorized construction put up by respondent No.4 in contravention of the sanctioned plan and the same would be concluded at the earliest. 5. In the light of the above, the prayer made in the Writ Petition would not survive for consideration. 6. However, the BBMP is directed to ensure that the proceedings that have been initiated in respect of the unauthorized construction made by respondent No.4 in contravention of the sanctioned plan shall be taken up and disposed of expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this order. 7. Till then, it is made clear that no construction activities shall be taken up and the premises shall also not be put to use. This Writ Petition is, accordingly, disposed of. - 5 - NC: 2025:KHC:2853 WP No. 23913 of 2024 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 22