- 1 - NC: 2025:KHC:9910 WP No. 35202 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 35202 OF 2024 (LB-BMP) BETWEEN: SRI P.SAIT S/O PERUMAL, AGED ABOUT 75 YEARS, R/AT NO.31, 1ST MAIN ROAD, SHESHADRIPURAM, BANGALORE-560 020 …PETITIONER (BY SRI. V. SRINIVAS, ADVOCATE) AND: 1. THE CHIEF COMMISSIONER, N R SQUARE, BBMP BANGALORE-01. 2. THE ZONAL COMMISSIONER (WEST) BBMP OPP MANTHRIMALL, SHESHADRIPURAM, BANGALORE - 560 005. 3. THE ASSISTANT DIRECTOR TOWN PLANNING, (WEST) BBMP, MALLESHWARAM, Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9910 WP No. 35202 of 2024 BANGALORE - 560 005. 4. SRI K MANI REDDY S/O NOT KNOWN, MAJOR, 5. SMT. ROOPA W/O K.MANI REDDY,. MAJOR, BOTH R4 AND R5 RESIDING AT NO.114/2, 2ND MAIN ROAD, SHESHADRIPURAM, BANGALORE - 560 021. …RESPONDENTS (BY SRI. SINCHANA M.R., ADVOCATE FOR R1, R2 & R3 SRI. M.R.BALAKRISHNA, ADVOCATE FOR R4 & R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO CONSIDER THE REPRESENTATION DATED 15/04/2024, GIVEN BY THE PETITIONER VIDE ANN-D TO THE WP AND DIRECT THE R1 TO 3 FOR TAKING NECESSARY ACTION TO DEMOLISH THE ILLEGAL CONSTRUCTION OF R4 AND 5 ON PROPERTY BEARING NO. 114/2, 2ND MAIN ROAD, SHESHADRIPURAM BENGALURU-20 MEASURING EAST TO WEST ABOUT 26 FEET AND NORTH TO SOUTH ABOUT 30 FEET AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9910 WP No. 35202 of 2024 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER Petitioner has filed a writ seeking a direction to the respondent No.3 to consider the representation dated 15.04.2024 and to direct the respondents to take necessary action to demolish the illegal construction of respondent Nos.4 and 5. 2. During the pendency of the proceedings, memo is filed by counsel for respondent Nos.1 to 3. He submitted that, Provisional order is passed under Section 248(1), Notice is issued under Section 248(2) and Confirmation order under Section 248(3) of the BBMP Act, 2020 has been passed. 3. Learned counsel for the respondent - BBMP submits necessary action has been taken. 4. Petition does not call for any further adjudication. 5. Needless to state till proceedings are concluded, if any construction is made which may have the effect of - 4 - NC: 2025:KHC:9910 WP No. 35202 of 2024 prejudicing the pending enquiry. Respondent - BBMP to take necessary action to restrain the same. If the BBMP is of the view that, the construction can be carried out without prejudicing the pending proceedings. It is for the BBMP to consider granting such permission if permissible under law. 6. In the event any construction takes place, pending further action on the order under Section 248(3) notice, petitioner is at liberty to bring the same to the notice of the BBMP or to enforce the direction with the help of Jurisdictional Police. Accordingly, petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE DHA List No.: 1 Sl No.: 26