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2025 DAILYLAW 48300 (KAR)

MR SATISH K S v. THE COMMISSIONER

WP/18342/2025 · 2025-07-08

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24804 WP No. 18342 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.18342 OF 2025 (LB-BMP) BETWEEN: MR. SATISH K S AGED ABOUT 55 YEARS RESIDING AT NO.70 3RD MAIN ROAD 1ST BLOCK, BANASHANKARI III STAGE III PHASE, 1ST BLOCK BENGALURU - 560 085. …PETITIONER (BY SMT.ANJANA A.V., ADVOCATE FOR SRI.SUNIL NARAYAN NAIK, ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N.R.SQUARE BENGALURU- 560002 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE SOUTH DIVISION JAYANAGAR BENGALURU- 560011 3. THE ASSISTANT EXECUTIVE ENGINEER BRUHATH BENGALURU MAHANAGARA PALIKE Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24804 WP No. 18342 of 2025 WARD NO.163 BANASHANKARI DIVISION NO.85 BENGALURU 4. MR.PAVAN KUMAR ACHUTHAN AGED ABOUT 46 YEARS S/O SRI. ACHUTHAN RESIDING AT NO.246/9 'GURUKRUPA' 4TH MAIN ROAD CHAMARAJPET BENGALURU - 560 018. …RESPONDENTS (BY SRI.PAWAN KUMAR, ADVOCATE FOR R.1 TO R.3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE COMPLAINT/REPRESENTATION DATED 15.01.2025, 11.02.2025 AND 15.04.2025 VIDE ANNX-D TO D2 AND TO CONSEQUENTLY TAKE NECESSARY ACTION TO STOP THE ILLEGAL CONSTRUCTION IN THE SCHEDULE PROPERTY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In this petition, the petitioner is aggrieved by non-consideration of the petitioner's complaint alleging - 3 - HC-KAR NC: 2025:KHC:24804 WP No. 18342 of 2025 that respondent No.4 has commenced construction contrary to the sanction plan and license. 2. Sri.Pawan Kumar, learned standing counsel appearing for respondent Nos.1 to 3 submits that the provisional order will be issued within a week and the same will be placed before the Zonal Commissioner for approval. 3. Recording the assurance given by the learned standing counsel appearing for respondent Nos.1 to 3, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondents–BBMP are directed to issue the provisional order forthwith. (iii) The order under Section 248(1) of the BBMP Act, 2020 shall also be passed - 4 - HC-KAR NC: 2025:KHC:24804 WP No. 18342 of 2025 expeditiously, in view of the allegation of illegal construction by respondent No.4. (iv) The entire exercise shall be completed within a period of four weeks from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 24