- 1 - HC-KAR NC: 2025:KHC:37606 WP No. 27670 of 2025 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. 27670 OF 2025 (LB-BMP) BETWEEN: 1. SRI. S.ARUN S/O SRI. A SUBBA RAO AGED ABOUT 60 YEARS R/AT NO.73/1, 15TH CROSS 6TH MAIN, MALLESHWARAM BENGALURU-560 055. …PETITIONER (BY SRI. AKASH V.T., ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU, BANGALORE-560 002. 2. ASSISTANT EXECUTIVE ENGINEER BRUHAT BANGALORE MAHANAGARA PALIKE MATHIKERE SUB-DIVISION, 17TH CROSS L RAMAKRISHNA HEGADE SERVICE CENTRE JANATHA BAZAR, SADASHIVNAGAR BANGALORE-560 054. 3. ADDITIONAL DIRECTOR OF TOWN PLANNING WEST ZONE, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 054. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37606 WP No. 27670 of 2025 THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION BY QUASHING THE IMPUGNED ORDER DATED- 03/08/2024 PASSED BY THE HON'BLE CHIEF COMMISSIONER I.E., RESPONDENT NO.1 HEREIN IN APPEAL NO.188/2023 AT ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER Proceedings have been initiated against the petitioner for putting up construction in violation of building bye-laws and the sanction plan. The petitioner has exhausted all the remedies including that of appeal under Section 253 of Bruhat Bengaluru Mahanagara Palike Act, 2020 and has suffered an adverse order at the hands of respondent no.1. The petitioner has challenged the same in the instant writ petition. 2. The petitioner has failed to show as to what is the error in the impugned orders passed. No legal right of the - 3 - HC-KAR NC: 2025:KHC:37606 WP No. 27670 of 2025 petitioner has been violated by the authorities concerned while passing the impugned orders. Further, the petitioner has been given due opportunity of hearing before passing of the impugned orders. In writ proceedings, this Court cannot examine disputed question of facts. I do not see any error in the impugned orders passed by the authorities concerned. 3. In the course of arguments, the petitioner also admits that he has put up construction in violation of the sanction plan. However, he submits that he is purchasing the necessary TDR to have the excess construction regularized and he has made necessary application to BBMP in this regard and submits that, he limits his prayer for a direction to BBMP to consider his request in accordance with law. Hence, the following: ORDER i. The challenge to the impugned orders in the writ petition is hereby dismissed; ii. The concerned authority of BBMP is directed to consider the request of the petitioner - 4 - HC-KAR NC: 2025:KHC:37606 WP No. 27670 of 2025 (Annexure-E to the writ petition) in accordance with law and pass appropriate orders thereafter; iii. The writ petition stands dismissed. SD/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 13