- 1 - NC: 2025:KHC:10093 WP No. 22011 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 22011 OF 2023 (LB-BMP) BETWEEN: B. V. ANITHA W/O LATE H.B. SHIVALINGAIAH, AGED ABOUT 57 YEARS, R/AT NO.1235, 25TH A MAIN, 9TH BLOCK, JAYANAGAR, BANGALORE - 560 069. …PETITIONER (BY SRI. VIKRAM G., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, CORPORATION CIRCLE, BANGALORE - 560 002. 2. ASSISTANT DIRECTOR OF TOWN PLANNING RAJARAJESHWARI NAGAR ZONE, YESHWANTHAPURA DIVISION, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE. 3. BHARATH HONNEGOWDA S/O S.N. HONNEGOWDA, AGED ABOUT 37 YEARS, R/AT NO.202, 2ND FLOOR, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10093 WP No. 22011 of 2023 BRIGADE LAKEVIEW APARTMENT, 4TH CROSS, 35TH MAIN, BANGALORE - 560 076. 4. THE CHIEF POST MASTER, GPO BENGALURU, BENGALURU - 560 001. …RESPONDENTS (BY SRI. B V MURALIDHAR, ADVOCATE FOR R1 & R2; SRI. M. VEERABHADRAIAH, ADVOCATE FOR R3; SMT. M.R. SINCHANA, CGSC FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE R1 AND R2 TO IMPLEMENT THE PROVISIONAL ORDER NO. ADTP/RRN/PO/06/2023-24 DATED 20/07/2023 AT ANNEXURE- A AND THE CONFIRMATORY ORDER BEARING NO. ADTP/PRN/CO-06/2023-24 DATED 17/08/2023 AT ANNEXURE- B AND TAKE FURTHER ACTION IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. The petitioner has filed the present writ petition for issuance of writ mandamus to direct respondent Nos.1 and 2 to implement the Provisional order dated 20.07.2023 at - 3 - NC: 2025:KHC:10093 WP No. 22011 of 2023 Annexure – A and the Confirmatory order dated 17.08.2023 at Annexure – B and take further action in accordance with law. 2. During the pendency of the proceedings, affidavit has been filed by the learned counsel appearing for respondent No.3 and it is submitted in the said affidavit as follows: "Wherefore, under the above facts and circumstances the 3rd respondent represented through the GPA Holder most respectfully prays this Hon'ble court be pleased to take the affidavit on record and permit the 3rd respondent to go with the construction of the building as per the sanctioned plan on 20.12.2022 after having demolished the building which is constructed in violation of the sanctioned plan dated 20.12.2022 in the interest of equity and justice." 3. Accordingly, it is clear that, undertaking of respondent No.3 is to go on with the construction of the building as per the Sanction Plan dated 20.12.2022 after demolishing the construction put up in violation of the Sanction Plan. - 4 - NC: 2025:KHC:10093 WP No. 22011 of 2023 4. In light of the said submission, the petition is disposed of as not calling for adjudication. 5. Needless to state that bringing of the building in terms of the Sanction Plan is a matter to be done in accordance with law to the satisfaction of the BBMP. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 38