- 1 - HC-KAR NC: 2025:KHC:38267 WP No. 25912 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 25912 OF 2023 (LB-BMP) BETWEEN: 1. SMT. SYED AYESHA KULSOOM AGED ABOUT 32 YEARS, DAUGHTER OF SYED MOHAMMED AZHER NADEEM, NO. 85, 1ST MAIN ROAD, 1ST CROSS, BHEL LAYOUT, JAYANAGAR 4TH T BLOCK, BENGALURU-560 041, REPRESENTED BY HER GPA HOLDER, SMT. SANA GULNAWAZ BEGUM, W/O. SYED MOHAMMED AZHER NADEEM, AGED ABOUT 52 YEARS, RESIDING AT NO. 85, 1ST MAIN ROAD, 1ST CROSS, BHEL LAYOUT, JAYANAGAR 4TH T BLOCK, BENGALURU-560 041. …PETITIONER (BY SRI. V B SHIVA KUMAR.,ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE NARASIMHARAJA SQUARE, J.C. ROAD, BENGALURU-560 002, REPRESENTED BY ITS COMMISSIONER. Digitally signed by CHAITHANYA K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38267 WP No. 25912 of 2023 2. 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGARA PALIKE, BOMMANAHALLI SUB-DIVISION, KODI CHIKKANAHALLI MAIN ROAD, BILEKAHALLI, BENGALURU-560 076. H.S.DEVANDRA KUMAR, S/O SONNE GOWDA, AGED ABOUT 54 YEARS, VILLA NO.D-5, RANKA VILLA RANKA COLONY, DEVARACHIKKANA HALLI ROAD, OFF; BANNERGHATTA ROAD, BILEKAHALLI, BENGALURU-76. …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K S.,ADVOCATE FOR R1 AND R2; SRI.B.VACHAN., ADVOCATE FOR R3;) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT QUASHING THE FOLLOWING THREE NOTICES-NOTICE BEARING NO.BBMP.SAKAE/BO U V/PO/03/2019-20 DATED 6.1.2020 ISSUED U/S 321(1) OF THE KARNATAKA MUNICIPAL CORPORATION ACT, 1976 PASSED BY THE ASSISTANT EXECUTIVE ENGINEER, BOMMANAHALLI SUB-DIVISION, WHICH IS AT ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN - 3 - HC-KAR NC: 2025:KHC:38267 WP No. 25912 of 2023 ORAL ORDER On the ground that the petitioner has put up illegal construction in violation of building bye-laws and the sanction plan on the writ petition schedule property, the impugned orders have been passed by the Bruhat Bengaluru Mahanagara Palike (for short, 'the BBMP). The same has been affirmed by the Karnataka Appellate Tribunal (for short, 'the KAT') in Rev.Appeal No.89/2020 (CH-I). Aggrieved by the same, the present writ petition is filed. 2. In the course of the arguments, learned counsel for the petitioner candidly admits that indeed there has been construction put up in violation of building bye-laws and the sanction plan. However, he submits that in view of the amendments carried out to the bye-laws of the BBMP, he would be entitled to regularization on some of the construction and he would make the necessary application in this regard. He further undertakes that he would - 4 - HC-KAR NC: 2025:KHC:38267 WP No. 25912 of 2023 remove the excess construction after appropriate orders passed by the BBMP. 3. Hence, I proceed to pass the following: ORDER i. The Writ Petition is hereby dismissed, reserving the liberty to the petitioner to approach the BBMP seeking regularization of certain portions of the building constructed by her in accordance with the present bye- laws. ii. If the said application is made by the petitioner within a period of three (03) weeks from today, the respondent-BBMP will consider the same in accordance with law within a period of six (06) weeks thereafter and initiate appropriate action against the construction, if it is not in accordance with law. Sd/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 28