- 1 - NC: 2025:KHC:12786 WP No. 26471 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 26471 OF 2024 (LB-BMP) BETWEEN: 1. MR. VEERAM REDDY NARENDRA AGED ABOUT 32 YEARS, S/O. THIRUPATI REDDY, RESIDING AT NO.8/1, 'PARVATHISHANKARANILAYA', VENKATESHWARA LAYOUT, S. G. PALYA, BENGALURU-560 029 2. MRS.PALUGULLA KAVITHA, AGED ABOUT 34 YEARS, W/O. P. MOHAN REDDY, RESIDING AT NO.82-8, 3RD FLOOR, 3RD CROSS, BHAVANI LAYOUT, S.G.PALYA, BENGALURU-560 029 … PETITIONERS (BY SRI. VEERAM REDDY NARENDRA - P1 (ABSENT) SMT. PALUGULLA KAVITHA - P2 (ABSENT) AND: 1. THE CHIEF COMMISSIONER BBMP, HUDSON CIRCLE, BENGALURU-560 002 Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12786 WP No. 26471 of 2024 2. THE COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R.SQUARE, BENGALURU-560 002, 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING, BBMP, RAJARAJESHWARINAGAR SUB-DIVISION, 18TH CROSS, IDEAL HOMES, RAJARAJESHWARINAGAR, BENGALURU-98 4. THE ASSISTANT EXECUTIVE ENGINEER, BBMP, RAJARAJESHWARINAGAR SUB-DIVISION, WARD NO. 198, 18TH CROSS, IDEAL HOMES, RAJARAJESHWARINAGAR, BENGALURU-98 5. M/S.NAMMA SHREE BADAVANE WELFARE ASSOCIATION® HAVING ITS OFFICE AT NO. 195, BEML LAYOUT, 7TH STAGE, 3RD MAIN, 3RD CROSS, MYLASANDRA, KENGERI, BENGALURU-560 059, REPRESENTED BY ITS SECRETARY, SRI. SRIDHAR. B.S. … RESPONDENTS (BY SRI. BATHE GOWDA K.V., ADVOCATE FOR R1 TO R4; SRI B.C. AVINASH, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R1 CONFIRMING THE ORDER OF THE R4 DT 03/01/2024 AS PER ANNEXURE-E SERVED ON 21/01/2024 TO DEMOLISH THE STRUCTURE ERECTED BY THE PETITIONERS ON THEIR PROPERTY BEARING NO. 173, FORMED IN CONVERTED SY. NO 20/3 OF BEML - 3 - NC: 2025:KHC:12786 WP No. 26471 of 2024 EMPLOYEES CO-OPERATIVE SOCIETY LTD, MYLASANDRA VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK 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 Order dated 04.03.2025 reads as hereunder: "Interim order has been granted and has been extended from date to date. Learned counsel for respondent No.5 has filed a memo producing photographs and it is submitted that the construction is beyond the permissible limit as per the sanction plan. Learned counsel for the petitioner submits that the unauthorised construction would be removed at their end and necessary affidavit would be filed by the petitioner. It is made clear that if necessary affidavit is not filed undertaking to remove the construction beyond the permissible construction as per the sanction plan, interim order would stand vacated leaving it open for the BBMP to proceed further. The affidavit to contain the details of manner of removal of the unauthorised construction. - 4 - NC: 2025:KHC:12786 WP No. 26471 of 2024 List this matter in 'orders' list on 14.03.2025." 2. Subsequently, learned counsel for the petitioners submits that there was no response from the petitioners. Order dated 14.03.2025 reads as hereunder: "Learned counsel for the petitioners has filed copy of the letter addressed to petitioners and submits that there is no response. It is submitted that he would file his memo of retirement in the event he does not complete his instructions. It is made clear that if petitioners do not go ahead with the matter, necessary orders would be passed on the next date of hearing. List this matter on 21.03.2025." 3. On 21.03.2025, learned counsel for petitioners files his memo of retirement enclosing the letter addressed to the petitioners and receipt for having sent the communication through RPAD. Order dated 21.03.2025 reads as follows: "Learned counsel for the petitioner has filed his memo of retirement. It is submitted that telephonically also petitioner has been informed. - 5 - NC: 2025:KHC:12786 WP No. 26471 of 2024 List this matter as a last chance on 26.03.2025." 4. Learned counsel for petitioners has filed a memo enclosing copy of the communication sent through WhatsApp. In light of the same, memo of retirement filed by the petitioners is accepted. Learned counsel for petitioners is permitted to retire from prosecuting the proceedings on behalf of the petitioners. The petitioners are not present nor they have made any arrangements for their appearance. The orders extracted herein above clearly evidence the sufficient opportunities given. 5. Accordingly, in light of lack of diligence in prosecuting the proceedings, petition is dismissed for non-prosecution. Sd/- (S SUNIL DUTT YADAV) JUDGE VP