- 1 - HC-KAR NC: 2025:KHC:42502-DB WA No. 1700 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1700 OF 2025 (LB-BMP) BETWEEN: 1. PROFESSOR DR. DHIRENDRA V. KUBAIR S/O LATE PROFESSOR DR. V.G. KUBAIR AGED ABOUT 54 YEARS 81/1 PROFESSOR V.G.KUBAIR APARTMENTS 4TH MAIN ROAD, MALLESHWARAM BENGALURU 560003 CELLULAR PH: 82776-44621 EMAIL DV.KUBAIR@GMAIL.COM 2. MRS. BHAGYASHREE KUBAIR W/O PROFESSOR DR. DHIRENDRA V. KUBAIR AGED ABOUT 49 YEARS 81/1 PROFESSOR V.G. KUBAIR'S APARTMENTS, 4TH MAIN ROAD MALLESHWARAM BENGALURU 560003 CELLULAR PH 82775-62621 EMAIL BAGI5576@GMAIL.COM ...APPELLANTS (BY SRI. DR DHIRENDRA V KUBAIR, PARTY-IN-PERSON) AND: 1. BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:42502-DB WA No. 1700 of 2025 REPRESENTED BY ITS CHIEF COMMISSIONER NO. 1, N.R. SQUARE, RANI KITTOOR CHENNAMMA CIRCLE, HUDSON CIRCLE, BENGALURU-560001 2. THE ZONAL COMMISSIONER WEST BBMP SAMPIGE ROAD OPP. MANTRI MALL BHASHYAM PARK, SHESHADRIPURAM BENGALURU-560020 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING BBMP SAMPIGE ROAD OPP MANTRI MALL BHASHYAM PARK, SHESHADRIPURAM BENGALURU-560020 4. THE ASSISTANT EXECUTIVE ENGINEER BBMP MALLESHWARAM SUB-DIVISION 11TH CROSS EAST PARK ROAD MALLESHWARAM BENGALURU-560003 5. THE ASSISTANT EXECUTIVE ENGINEER BESCOM C-2 SUB-DIVISION, BESCOM 13TH CROSS MALLESHWARAM BENGALURU-560003 6. THE ASSISTANT EXECUTIVE ENGINEER BWSSB NO. 1 NORTH EAST SUB-DIVISION 18TH CROSS MALLESHWARAM BENGALURU-560003 7. MR. VINAY KRISHNA H.V. S/O LATE H.V. NANDAKUMAR AGED ABOUT 36 YEARS NO. 81, 4TH MAIN ROAD MALLESHWARAM, - 3 - HC-KAR NC: 2025:KHC:42502-DB WA No. 1700 of 2025 BENGALURU 560003 …RESPONDENTS (BY SMT. RAMYA HIRIYEN, ADVOCATE FOR SRI. KARTHIKEYAN B S, ADVOCATE FOR R1 TO R4) THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE SINGLE JUDGE ORDER IN WP No. 9181/2025 (LB-BMP) DATED 14.08.2025 AND ADJUDICATE THE WP 9181/2025 ON THE FACTS OF THE CASE AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellants have filed the present appeal impugning an order dated 14.08.2025 passed by the learned Single Judge in Writ Petition No.9181/2025. The appellants had filed the said petition, inter alia praying that directions be issued to respondent Nos.1 to 6 to disconnect the utilities [electricity, water and sewerage connection] to a building built on property bearing No. 81, P.I.D. No.7-3-81 situated on 4th main road between 13th and 15th cross, Mahaleshwaram, Bangalore-560003. - 4 - HC-KAR NC: 2025:KHC:42502-DB WA No. 1700 of 2025 2. The appellants states that they resides in an adjacent building. The appellants allege that the construction raised on the aforementioned property is illegal in as much as it has been raised without obtaining the necessary permissions. In the aforesaid circumstances, the appellants sought orders for disconnection of the utilities to the premises in question. 3. Learned Single Judge had found that the Bruhat Bengaluru Mahanagar Palike [hereinafter referred to as 'BBMP'] had initiated the necessary action in respect to the property in question. However, the respondents had preferred an appeal before the Chief Commissioner [Appeal No.253/2024] which was pending consideration. In the aforesaid circumstances, the learned Single Judge had disposed of the writ petition with a direction to the Chief Commissioner, BBMP [Appellate Authority] to dispose of the said appeal being Appeal No 253/2024 as expeditiously as possible and also continued the interim order passed in the connected petition [W.P. No.20614/2024]. Additionally, the learned Single Judge had also issued directions to the appellate authority to hear the petitioners in the said petitions [W.P. No. 20614/ 2025 and W.P. No.9181/2025] which included the appellants as well. - 5 - HC-KAR NC: 2025:KHC:42502-DB WA No. 1700 of 2025 4. The issue whether the building raised in question is illegal and is required to be subjected to further action is pending consideration before the appellate authority. In the aforesaid view the learned Single Judge did not find it apposite to issue any directions for disconnection of utilities as sought for by the appellants. 5. We are not persuaded to accept that the said order requires any interference in the present appeal. Appeal is accordingly dismissed. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS List No.: 1 Sl No.: 32