- 1 - HC-KAR NC: 2025:KHC:33064 WP No. 14135 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 14135 OF 2023 (LB-BMP) BETWEEN: 1. CASA GRANDE GARDEN CITY BUILDERS PRIVATE LIMITED A COMPANY INCORPORATED UNDER THE COMPANIES ACT 2013 HAVING ITS REGISTERED OFFICE AT SALAM BIZHOUSE, NO.34/1, 3RD FLOOR T-1 AND T-2, MEANEE AVENUE ROAD NEAR ULSOOR LAKE, BENGALURU-560 042. REP. BY ITS DIRECTOR MR. SATHISH C.G. …PETITIONER (BY SRI. UDAYA HOLLA, SR.ADVOCATE FOR SRI. KARAN JOSEPH, ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002 REP. BY ITS COMMISSIONER. 2. JOINT DIRECTOR (URBAN PLANNING NORTH) BRUHAT BENGALURU MAHANAGARA PALIKE N.R.SQUARE, BENGALURU-560 002. 3. SHASHIDHAR IRAPPA BAGEWADI B4/902, RAMKY ONE NORTH APARTMENT OPP. BMSIT COLLEG, AVALAHALLI BENGALURU-560 064. …RESPONDENTS (BY SRI. SANJEEV B.L., ADVOCATE FOR R1 & R2; SRI.SHASHIDHAR IRAPPA BAGEWADI-PARTY-IN-PERSON AS R3) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33064 WP No. 14135 of 2023 THIS PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 01.07.2023 BEARING REFERENCE NUMBER BBMP/Addl. Dir/JD NORTH/LP/0389/2017-18 AT ANNEXURE-A AND ETC. THIS PETITION COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has put up a multistoried apartment complex in the name and style of Casa Grand Lorenza Apartments. Respondent no.3 is one of the purchasers of an apartment. On the ground that the apartment complex has been constructed in violation of the building bye-laws, he has made a complaint to respondents-BBMP. Upon his complaint, action was initiated and the occupancy certificate granted in favour of petitioner was cancelled. Aggrieved by the same, the present writ petition is filed. 2. Learned counsel for the petitioner submits that by inadvertence, there were certain violations in the complex put up and after receipt of the notice from respondents-BBMP (Bruhat Bengaluru Mahanagaa Palike), the same have been - 3 - HC-KAR NC: 2025:KHC:33064 WP No. 14135 of 2023 corrected. However, without verifying the same, the impugned order of cancellation of occupancy certificate (vide Annexure-A to the writ petition) has been passed by respondent no.2. 3. The respondents-BBMP has filed an affidavit dated 05.08.2025, wherein it has been stated presently there is no deviation by the petitioner. 4. Learned counsel for respondent nos.1 and 2 submits that they have no objection in allowing the writ petition. However, respondent no.3 disputes the submission of the counsel for BBMP and submits still there are deviations and also submits that there are cases pending before Lokayukta and RERA. 5. If there is any deviation or not, it is for the BBMP to inspect and make a submission in that regard. Respondents- BBMP have specifically stated that there are no deviations presently and the counsel has categorically submitted that writ petition may be allowed. Under the circumstances, writ petition will have to be allowed. - 4 - HC-KAR NC: 2025:KHC:33064 WP No. 14135 of 2023 6. With regard to the dispute raised by respondent no.3, it is always open for him to agitate the same before the appropriate forum. This Court in exercise of its powers under Article 226 of Constitution of India cannot appreciate disputed question of facts which require adducing of evidence. 7. For the aforementioned reasons, reserving liberty to respondent no.3 to agitate his grievance before the appropriate forum, the writ petition is hereby disposed of by setting aside the impugned order dated 01.07.2023 passed by respondent no.2 (vide Annexure-A to the writ petition). Sd/- (M.I.ARUN) JUDGE PGG