- 1 - NC: 2025:KHC:5867 WP No. 33291 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 33291 OF 2024 (LB-BMP) BETWEEN: 1. SRI A NATARAJ AGED ABOUT 61 YEARS, S/O. SMT. CHINNAMMA. G AND LATE AILU MANDRI, NO. 1104, 18TH B MAIN, 5TH BLOCK, RAJAJINAGAR, BANGALORE-560 010. …PETITIONER (BY SRI. ANAND BEERANNAVAR., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 001. 2. THE ASSISTANT DIRECTOR TOWN PLANNING BRUHATH BENGALURU MAHANAGARA PALIKE, WEST SUB DIVISION, BHASHYAM CIRCLE, SESHADRI PURAM, BENGALURU-560 068. 3. SMT. N. NARASAMMA WIFE OF LATE B. ANDANAPPA, AGED ABOUT 79 YEARS, RESIDING AT NO. 1103, 18TH B MAIN, 5TH BLOCK, RAJAJINAGARA, BANGALORE-560 010. …RESPONDENTS (BY SRI. PRAVEEN KUMAR RAIKOTE., ADVOCATE FOR R-1 & R-2; SRI. NISHANTH.A.V., ADVOCATE FOR R-3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5867 WP No. 33291 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO DIRECTING THE RESPONDENTS 1 AND 2 TO TAKE ACTION ON REPRESENTATIONS DATED 26.08.2024 GIVEN BY THE PETITIONER AS PER ANNEXURE - H AND STOP THE CONSTRUCTION AND DEMOLISH /DISMANTLE THE ILLEGAL CONSTRUCTION IN PROPERTY NO SITE NO 52 (OLD NO. 1103/14), PID NO 22-122-52. SRIRAMPURA WARD NO 22, BLOCK, NO V, SITUATED AT RAJAJINAGAR, EXTENSION, BANGALORE -560010 MEASURING EAST TO WEST 46 FEET AND NORTH TO SOUTH 43 FEET IN ALL TOTAL MEASURING 1978 SQUARE FEET (BBMP) FOR BEING WITH OUT FOLLOWING THE BUILDING BYE LAWS AND WITHOUT SANCTIONED PLAN/PERMISSION FOR RESIDENTIAL BUILDING IN THE INTEREST OF JUSTICE AND EQUITY, ETC. 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 in this writ petition is to issue a direction to respondents 1 and 2 to take action on the representations dated 26.08.2024 given by the petitioner, whereby he is contending that the 3rd respondent had erected a structure in contravention of the sanctioned plan. 2. Learned counsel for respondent No.3 submits that during the pendency of this writ petition, the BBMP - 3 - NC: 2025:KHC:5867 WP No. 33291 of 2024 has issued a provisional order and also the confirmatory order, as against which, an appeal has been preferred. 3. In light of above submission, it is obvious that BBMP has taken action against the 3rd respondent and therefore, the prayer in the writ petition does not survive for consideration. 4. However, learned counsel for respondent No.3 submits that the matter should not end at that stage, since the petitioner is also guilty of same allegations that are leveled against respondent No.3. He submits that though the petitioner was accorded sanction to put up only ground + three floors, he has gone on to put up nearly six floors in gross contravention of not only the sanctioned plan, but also building byelaws. He has placed reliance on Annexure-R3(6) and contends that the building that can be seen in the photographs is that of the petitioner and the same is an illegal structure. - 4 - NC: 2025:KHC:5867 WP No. 33291 of 2024 5. Learned counsel for the petitioner, however, submits that he has no instructions in this regard. 6. In my view, since respondent No.3 contends that the petitioner is also guilty of putting up illegal structure and relies upon Annexure-R3(6) to contend that the building found therein is that of the petitioner, the concerned Engineer of the BBMP is directed to make an enquiry and initiate proceedings against the building shown in Annexure-R3(6) and if the said building belongs to the petitioner, he shall take necessary action against the petitioner. 7. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 68