- 1 - NC: 2025:KHC:16785 WP No. 24783 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 24783 OF 2024 (LB-BMP) BETWEEN: B. LAKSHMINARAYANACHAR, S/O VISHNUTHEERTHACHAR, 50 YEARS, NO. 3, MARUTHI NILAYA, 6TH CROSS, KALYANI NAGAR, VASANTHA PURA, BENGALURU - 560 061. …PETITIONER (BY SRI. RAMESH M.V, ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE, BY ITS COMMISSIONER, BBMP HEAD OFFICE, N.R. SQUARE, BENGALURU, KARNATAKA - 560 002. 2. ZONAL COMMISSIONER BBMP, BDA COMPLEX, SECTOR -6, 14TH MAIN ROAD, HSR LAYOUT, BANGALORE - 560 102. 3. JOINT COMMISSIONER, BBMP, BOMMANAHALLI ZONE, BEGUR ROAD, BOMMANAHALLI, BANGALORE - 560 068. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16785 WP No. 24783 of 2024 4. DEPUTY COMMISSIONER, BBMP, BOMMANAHALLI ZONE, BEGUR ROAD, BOMMANAHALLI, BANGALORE - 560 068. 5. CHIEF ENGINEER, BBMP WARD - 197, NEAR: SUBRAMANYAPURA POLICE STATION, UTTARAHALLI MAIN ROAD, BENGALURU - 560 061. 6. EXECUTIVE ENGINEER, BBMP WARD - 197, NEAR SUBRAMANYAPURA POLICE STATION, UTTARAHALLI MAIN ROAD, BENGALURU - 560 061. 7. ASSISTANT EXECUTIVE ENGINEER, BBMP WARD 197, NEAR: SUBRAMANAYPURA POLICE STATION, UTTARAHALLI MAIN ROAD, BENGALURU - 560 061. 8. ASSISTANT ENGINEER, BBMP WARD 197, NEAR: SUBRAMANAYPURA POLICE STATION, UTTARAHALLI MAIN ROAD, BENGALURU - 560 061. 9. ASSISTANT DIRECTOR, TOWN PLANNING, BBMP, BOMMANAHALLI ZONE, BEGUR ROAD, BOMMANAHALLI, BANGALORE - 560 068. - 3 - NC: 2025:KHC:16785 WP No. 24783 of 2024 10. SUDHAKAR DEVARAJ MAJOR, (FATHERS NAME AND AGE, NOT KNOWN TO THE PETITIONER) RESIDING AT NO. 4, 6TH CROSS, KALYANI NAGAR, VASANTAPURA, BANGALORE - 560 061. …RESPONDENTS (BY SRI. MOHAMMED AKHIL, ADVOCATE FOR R1 TO R9; SRI. K.S. SREEKANTHA, ADVOCATE FOR R10) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT ALL THE OFFICIAL RESPONDENTS TO IMPLEMENT THE DEMOLITION ORDER AT ANNEXURE-J, BEARING NO. EE/BSD/PR/07/2024-25 DTD 19.07.2024, PASSED BY THE R-6 AND TO REMOVE ALL ILLEGAL CONSTRUCTIONS FORTHWITH, ON THE SITE NO. 4, 6TH CROSS, KALYANI NAGAR, VASANTAPURA, BANGALORE - 560061 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER 1. Learned counsel for the respondents has filed a list of documents. 2. Respondent No.10 has filed statement of objections. 3. The present writ petition has been filed seeking for issuance of the writ of mandamus to implement the order of demolition at Annexure - J dated 19.07.2024 passed by the respondent - BBMP. - 4 - NC: 2025:KHC:16785 WP No. 24783 of 2024 4. Learned counsel appearing for the respondent No.10 as well as counsel for respondents 1 to 9 both submit that as against the order under Section 248(3) of the BBMP Act, 2020 (for short 'the Act') Appeal No.299/2024 was filed and the order under Section 248(3) of the Act, was set aside and the matter demanded for fresh consideration after notice. 5. In light of the same, the present writ petition does not call for adjudication. However, the grievance of the petitioner is that, respondent No.10 has put up construction in violation of sanction plan and building bye laws that requires to be addressed. In the event any order under Section 248(3) is passed, needless to state, respondent - BBMP upon such order attaining finality is to take steps to implement the said order. 6. All contentions are kept open. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 14 CT: BHK