- 1 - NC: 2025:KHC:6743 WP No. 25340 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE N S SANJAY GOWDA WRIT PETITION NO.25340 OF 2023 (LB-BMP) BETWEEN: SRI. ASHOK MURTHY H.M. S/O LATE MUNIYAPPA AGED ABOUT 58 YEARS, R/AT NO.73, KODIGEHALLI MAIN ROAD, HOODI VILLAGE, MAHADEVAPURA, BENGALURU EAST, BENGALURU - 560048. …PETITIONER (BY SRI. PRADEEP M., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE N.R. SQUARE, BENGALURU - 560002 REPRESENTED BY ITS CHIEF COMMISSIONER. 2. THE ASSISTANT DIRECTOR (TDR) OFFICER OF THE DEPUTY COMMISSIONER (LAND ACQUISITION AND TDR), ROOM NO.107, FIRST FLOOR, ANNEX BUILDING-3, BBMP HEAD OFFICE, N.R.SQUARE, BENGALURU - 560002. 3. THE OFFICE OF THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGARA PALIKE, MAHADEVAPURA ZONE, Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:6743 WP No. 25340 of 2023 I.T.P.L MAIN ROD, BENGALURU - 560048. 4. ASSISTANT EXECUTIVE ENGINEER PRIMARY STORM WATER DRAIN, MAHADEVAPURA WARD, 9TH FLOOR, JAYANAGAR SHOPPING COMPLEX, 4TH BLOCK JAYANAGAR, BENGALURU - 560041. 5. THE EXECUTIVE ENGINEER MAHADEVAPURA WARD, I.T.P.L. MAIN ROAD, BENGALURU - 560048. 6. THE OFFICE OF THE SUB-REGISTRAR ADDITIONAL SUB-REGISTRAR, K.R.PURAM, BENGALURU - 560036. 7. SRI. K. SRINIVASA REDDY S/O SRI. K. SIVA REDDY AGED ABOUT 49 YEARS, RESIDING AT NO.26, SREE RAMA NILAYA, SRI RAJARAJESHWARI LAYOUT, BEHIND DRDO PHASE II, MAHADEVAPURA, BENGALURU - 560016. 8. MRS. SOWBHAGYA REDDY W/O MR. RAMUJULA REDDY, AGED ABOUT 48 YEARS, RESIDING AT SAPTHAGIRI, 8TH CROSS, JAYANAGAR, KOLAR - 563 101. 9. VENUGOPAL H.A. S/O SRI R. ASWATHA REDDY, AGED ABOUT 46 YEARS, RESIDING AT NO.227-A, - 3 - NC: 2025:KHC:6743 WP No. 25340 of 2023 RAJAPALYA, HOODI VILLAGE, BENGALURU - 560 048. 10. SMT. VEENA ALAGESHAN D/O SRI. R. ASWATHA REDDY, AGED ABOUT 44 YEARS, RESIDING AT NO.3, SRINIVAS REDDY LAYOUT, BASAVANAGAR ROAD, HOODI, BENGALURU - 560 048. 11. SMT. VANISHREE D/O SRI. R. ASWATHA REDDY AGED ABOUT 42 YEARS, RESIDING AT CHIKKABANASWADI, BENGALURU - 560 043. 12. SMT. RANI D/O SRI. R. ASWATHA REDDY AGED ABOUT 40 YEARS, RESIDING AT NO.3, HALANAYAKANAHALLI, CARMELARAM POST, BENGALURU - 560 035. 13. SRI. M. SOMASHEKAR S/O M. KRISHNAMURTHY NAIDU, RESIDING AT NO.405, VIKYATH SPRING APARTMENT, 5TH RIGHT ROAD, ALFA GARDEN, KODIGEHALLI MAIN ROAD, AYAPPANAGAR, K.R.PURAM, BENGALURU - 560 036. …RESPONDENTS (BY SRI. MONESH KUMAR K.B., ADVOCATE FOR R1 TO R5; SRI. LOKESH R., ADVOCATE FOR R7 TO R12) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT TO RESPONDENTS NO.1 TO 5 TO CONSIDER THE REPRESENTATION DATED 04.10.2023 AND THEREBY DIRECT - 4 - NC: 2025:KHC:6743 WP No. 25340 of 2023 THE RESPONDENTS TO DEMOLISH / REMOVE THE ILLEGAL CULVERT CONSTRUCTED OVER THE SY. NO. 87/1 AND 89/1 OF HOODI VILLAGE, K.R.PURAM VILLAGE, BENGALURU EAST IN ACCORDANCE WITH ANNEXURE-'A' AND 'C' SERIES. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE N. S. SANJAY GOWDA ORAL ORDER 1. The prayer made in this writ petition is direct the respondent Nos.1 to 5 to consider the representation made by the petitioner dated 04.10.2023 and thereby demolish / remove the illegal culvert constructed over Sy.No.87/1 and 89/1 of Hoodi Village, K.R.Puram, Bengaluru East. 2. It is the case of the petitioner that respondent nos.7 to 13 have illegally constructed a culvert and that is required to be demolished. Learned counsel for the petitioner has himself filed an application for amendment of the prayer in the writ petition in which it is requested to - 5 - NC: 2025:KHC:6743 WP No. 25340 of 2023 insert the additional prayer in the writ petition to set aside the illegal sanction of new licence / plan granted for reconstruction of the RCC culvert under the scheme "self- financing scheme" as per letter dated 23.02.2024 and a further prayer to direct respondent Nos.1 to 5 to demolish the illegal RCC culvert constructed in between the Sy.No.89/1 and 87/1 of Hoodi Village, K.R. Puram Hobli, Bengaluru East under the "self-financing Scheme". 3. Once it is shown that the BBMP has itself granted permission to construct culvert and that too on the condition that the earlier culvert put up is to be demolished, the contention of the petitioner that the permission granted by BBMP was illegal cannot be accepted. 4. It cannot be disputed that BBMP has the authority and if it feels that the culvert can be constructed by "M/s. Jai Infrastructures Partner" at its own cost in the manner specified by it, the request of the person like the petitioner cannot be entertained since the petitioner is neither a - 6 - NC: 2025:KHC:6743 WP No. 25340 of 2023 technical expert nor he has any direct interest in the matter and therefore I am of the view that, there is no justification to entertain this writ petition and also to permit amendment of prayer in the writ petition as sought in the application. 5. In the result, the application I.A.2/2024 is rejected and the writ petition is dismissed. 6. Consequently, I.A.1/2024 for early hearing stands allowed. SD/- (N S SANJAY GOWDA) JUDGE sac List No.: 1 Sl No.: 27