- 1 - NC: 2025:KHC:16565 WP No. 29954 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 29954 OF 2024 (LB-BMP) BETWEEN: SRI. A. SRINIVAS, S/O ASHWATHAPPA, AGED ABOUT 76 YEARS, R/O NO. 61C, 2ND CROSS, 8TH MAIN, NRI LAYOUT, BENGALURU - 560 016. …PETITIONER (BY SRI. SHASTRI GANAPATI SHRIPAD, ADVOCATE) AND: 1. COMMISSIONER, BRUHATH BENGALURU MAHANAGARA PALIKE, BENGALURU - 560 002. 2. ASSISTANT DIRECTOR, TOWN PLANNING (EAST) BRUHATH BENGALURU MAHANAGARA PALIKE, 22ND FLOOR, SUBHASH CHANDRA BOSE BUILDING, M.G.ROAD, BENGALURU - 560 001. 3. SRI. M. SRIDHAR, S/O MUNIHANUMAIAH, AGED ABOUT 44 YEARS, R/O NO.85, SANJAYANAGAR, LOTTEGOLLAHALLI, WARD NO.18, BENGALURU - 560 094. …RESPONDENTS (BY SMT. ANUSHA PRASAD, ADVOCATE FOR R1 AND R2) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16565 WP No. 29954 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-1 AND 2 TO IMPLEMENT THE CONFIRMATION ORDER DATED 05.07.2023 PASSED BY THE R-2 IN NO. SA.NI.NA.YO(POO) /P.O/13/23-24 (ANNEXURE-G) BY TAKING STEPS TO REMOVE THE UNAUTHORISED AND ENCROACHED PORTION OF CONSTRUCTION MADE BY THE R-3 IN SITE BEARING NO. 85, FORMED IN SY NO. 8, PID NO. 100-105-85, SANJAYANAGAR, WARD NO. 18, LOTTEGOLLAHALLI, BENGALURU INCLUDING AN ORDER AS TO COSTS TO MEET THE ENDS OF JUSTICE. 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 The petitioner has sought for issuance of writ of mandamus to direct Respondent Nos.1 and 2 to implement the confirmation order dated 05.07.2023 passed by Respondent No.2 under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020 (for short, BBMP Act). It is further prayed that the unauthorized and encroached portion of construction made by Respondent No.3 is to be removed. - 3 - NC: 2025:KHC:16565 WP No. 29954 of 2024 2. It must be noticed that the present proceedings is strictly confined to proceedings under Section 248 of the BBMP Act and question of adjudication into the extent of encroachment would not arise. Nevertheless, if Respondent No.3 has put up construction in deviation of the sanction plan or against the BBMP Building Bye-Laws, in terms of the order already passed under Section 248(3) of the BBMP Act, necessary action is to be taken, insofar as such, portion of construction by the BBMP. 3. It is noticed that the private respondents had filed an appeal pending before the Chief Commissioner under Section 253 of the BBMP Act vide Appeal No.26 of 2025, in which it is submitted that there is an interim order of status-quo. Needless to state, after the outcome of the appeal, in the event, order under Section 248(3) of the BBMP Act stands confirmed, it is the duty of the Respondent /BBMP to ensure that the deviations pointed out in Section 248 proceedings are removed or rectified at the instance of the petitioner himself, failing which, - 4 - NC: 2025:KHC:16565 WP No. 29954 of 2024 appropriate action is to be taken by the Respondent/ BBMP. Accordingly, petition is disposed off. Upon the order under Section 248(3) of the BBMP Act attaining finality, Respondent/BBMP is to take action within an outer limit of Eight months, from such date and in the event, Respondent/BBMP seeks further time, necessary application is to be made before this Court assigning valid reasons for such extension of time. Sd/- (S SUNIL DUTT YADAV) JUDGE DH List No.: 1 Sl No.: 14 CT: BHK