- 1 - NC: 2025:KHC:8282 WP No. 14142 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 14142 OF 2024 (LB-BMP) BETWEEN: 1. SRI. MUNIVENKATAPPA S/O SRI.HANUMAPPA, AGED ABOUT 58 YEARS R/AT NO.17 CHOWDESHWARI NILAYA 3RD CROSS, LAKE ROAD BYRASANDRA C.V. RAMAN NAGARA POST WARD NO.58, BENGALURU 560 093 …PETITIONER (BY SRI. CHINMAY KURANDWAD., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT URBAN DEPARTMENT VIKASA SOUDHA BANGALORE 560001 2. THE COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE HUDSON CIRCLE, BENGALURU 560 002. 3. THE JOINT COMMISSIONER BRUHAT BENGALURU MAHANAGAR PALIKE MAYHALL, BENGALURU 560 001. 4. THE ASSISTANT EXECUTIVE ENGINEER BRUHAT BENGALURU MAHANAGAR PALIKE C.V. RAM NAGARA SUB DIVISION BENGALURU 560 093. 5. SRI GOPINATHAN Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8282 WP No. 14142 of 2024 S/O SRI M.NATHAN AGED ABOUT 58 YEARS R/AT NO.18, 3RD CROSS, LAKE ROAD BYRASANRA, C.V.RAMAN NAGAR POST WARD NO.58, BENGALURU 560 093. ALSO AT NO.25 BHUVANESHWARI NAGAR, BYRASANDRA BENGALURU EAST, BENGALURU 560093 …RESPONDENTS (BY SMT. SPOORTHI.V., HCGP FOR R-1; SRI. PRAVEEN KUMAR RAIKOTE., ADVOCATE FOR R-2 TO R-4; SRI. PUTIGE R.RAMESH., SENIOR COUNSEL FOR SRI. HARISHITHN.BALAKRISHNA., FOR R-5., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO 4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 30/03/2024 PRODUCED AT ANNEXURE-D, D1 TO D3, 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 for issuance of a mandamus to direct respondent Nos.2 to 4 to consider the representation of the petitioner dated 30.03.2024 (the copies of which are produced at Annexure – D, D1 to D3). A prayer is also made to direct respondent Nos.2 to 4 to take action against - 3 - NC: 2025:KHC:8282 WP No. 14142 of 2024 respondent No.5 for the illegal construction of the house done by him. 2. During the pendency of this writ petition, the petitioner has made an application for amendment of the writ petition, whereby he has also sought for amendment of the prayers and to incorporate a prayer to direct respondent Nos.2 to 4 to demolish the illegal portions of the structure put up by respondent No.5 as confirmed in the order of confirmation dated 31.08.2024 (copy of which is produced at Annexure – G). 3. In light of the fact that the BBMP has admittedly initiated proceedings under Section 248 of the BBMP Act and has also passed an order of confirmation, it is obvious that the BBMP will have to take the matter to its logical conclusion and ensure that the order of confirmation is implemented both in spirit and in law. The BBMP is therefore directed to implement its - 4 - NC: 2025:KHC:8282 WP No. 14142 of 2024 order of confirmation within a period of two months from the date of receipt of the copy of this order. 4. At the same time, the BBMP is also directed to initiate action against the concerned Engineers, who were in charge of the area in which this construction by respondent No.5 has been put up in contravention of the sanctioned plan, as confirmed by the BBMP itself in its order of confirmation. The BBMP shall also place on record the orders that have been passed against the concerned officers in this regard within a period of four months from the date of receipt of the copy of this order. 5. The petitioner contends that the interim order passed by this Court has been disobeyed, it would be open for him to initiate appropriate proceedings in a manner known to law before the appropriate forum. 6. This writ petition is accordingly disposed of. - 5 - NC: 2025:KHC:8282 WP No. 14142 of 2024 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 26