- 1 - NC: 2025:KHC:17913 WP No. 30386 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30386 OF 2024 (LB-BMP) BETWEEN: 1. SMT. HEMA VENKATRAMAN WIFE OF MR. SUBRAMANIAM IYER AGED ABOUT 57 YEARS, RESIDING AT NO.26, PALACE, APARTMENT NO.202, 9TH CROSS, MALLESWARAM, BENGALURU - 560 003. … PETITIONER (BY SRI. RASHMI GEORGE., ADVOCATE) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) REPRESENTED THROUGH THEIR COMMISSIONER HUDSON CIRCLE, BANGALORE BANGALORE - 560 002. 2. THE JOINT COMMISSIONER WEST ZONE, BBMP BANGALORE BANGALORE - 560 003. 3. THE ASSISTANT EXECUTIVE ENGINEER, MALLESWARAM BBMP WARD IPP CENTER, 16TH CROSS ROAD KODANDARAMAPURA, VYALIKAVAL BANGALORE - 560 003. Digitally signed by PRAKASH N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17913 WP No. 30386 of 2024 4. SMT. USHA SHANKAR AGED ABOUT 62 YEARS, WIFE OF SHRI J SHANKAR RESIDING AT 62, 2ND FLOOR, LOWER PALACE ORCHARDS, SADASHIVA NAGAR BENGALURU - 560 003. … RESPONDENTS (BY SRI. SIDDHARTH P, DESAI., ADVOCATE FOR R1 TO R3; SRI UDITA RAMESH, ADVOCATE FOR R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION TO THE R1 TO R3, TO CONSIDER THE REPRESENTATIONS/ COMPLAINTS DTD 30.06.21 AND 26.02.21 OF THE PETITIONERS VIDE ANNEXURE-A AND ANNEXURE-B RESPECTIVELY, AND TO TAKE NECESSARY ACTION REGARDING THE UNSAFE UNAUTHORIZED ILLEGAL CONSTRUCTION ON THE TERRACE FLOOR OF THE SCHEDULE PROPERTY, PUT UP IN VIOLATION OF SANCTIONED PLAN AND BUILDING BYLAWS 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 The petitioner in terms of the representations made to the respondent-BBMP at Annexure-A and B has sought for taking up of necessary steps for demolition of unauthorised construction being put up by the private respondent no.4. - 3 - NC: 2025:KHC:17913 WP No. 30386 of 2024 2. It is admitted that the petitioner and the 4th respondent are sisters and their rights have flowed by way of testamentary succession. It is also admitted that civil dispute is pending between the parties. 3. During the pendency of present proceedings, respondent-BBMP has conducted the spot inspection and has drawn mahazar which is produced before this court along with the memo. 4. It is further submitted that respondent-BBMP has issued 313 notice to the 4th respondent. It is not in dispute that mahazar was prepared in the presence of both the parties and it is part of the present record. 5. The respondent-BBMP on the basis of mahazar having issued 313 notice is to proceed further in terms of Section 248. The 4th respondent is to make out reply to 313 notice within a period of two weeks from today. Upon such reply being made out, respondent-BBMP to proceed further as is permissible in law. - 4 - NC: 2025:KHC:17913 WP No. 30386 of 2024 6. It is made clear that the 4th respondent shall not seek for any unnecessary adjournments in the proceedings under Section 248 as may be initiated by the respondent- BBMP. 7. All contentions are kept open. It is made clear that present proceedings under Section 248 are to be proceeded without reference to any civil dispute and must be restricted to violation of sanctioned plan, building by-laws and other regulations of BBMP. The proceedings under Section 248 are to be initiated and concluded within a period of two months from today. 8. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP