- 1 - HC-KAR NC: 2025:KHC:24658 WP No. 19722 of 2024 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. 19722 OF 2024 (LB-BMP) BETWEEN: SMT VENKATALAXMI, W/O SHIVANNA, AGED ABOUT 49 YEARS, RESIDING AT NO.305, NEW NO.59, 5TH MAIN, 2ND CROSS, NARASIPURA LAYOUT, VIDYRANYAPURA, BANGALORE-560 085. …PETITIONER (BY SRI/SMT. SHREENIDHI L., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP BY CHIEF SECRETARY, URBAN DEVELOPMENT DEPARTMENT, ROOM NO.436, VIKASA SOUDHA, BANGALORE-560 001. 2. THE BRUHAT BENGALURU MAHANAGARA PALIKE, REP BY ADMINISTRATOR, HUDSON CIRCLE, BENGALURU, KARNATAKA-560 002. Digitally signed by MADHURI S Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24658 WP No. 19722 of 2024 3. THE CHIEF COMMISSIONER, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-560 002. 4. THE JOINT COMMISSIONER, YELAHANKA SUB-DIVISION, BYATARAYANPURA, BRUHAT BENGALURU MAHANAGARA PALIKE, BANGALORE-560 092. 5. BANGALORE METROPOLITAN TASK FORCE, REP BY THE SUPERINTENDENT OF POLICE, BBMP OFFICE BUILDING, N R SQUARE, BANGALORE-560 002. 6. THE ASSISTANT EXECUTIVE ENGINEER, YELAHANKA SUB-DIVISION, BYATARAYANPURA, BRUHAT BANGALORE MAHANAGARA PALIKE, BANGALORE-560 092. 7. SMT NAGALAKSHMI, W/O LATE SEENAPPA, AGED ABOUT 65 YEARS, 8. SRI SHIVA KUMAR, S/O LATE SEENAPPA, AGED ABOUT 36 YEARS BOTH RESPONDENT NO.7 & 8, ARE R/A 5TH MAIN, 2ND CROSS, NARASIPURA LAYOUT, VIDYARANYAPURA, BANGALORE-560 085. …RESPONDENTS - 3 - HC-KAR NC: 2025:KHC:24658 WP No. 19722 of 2024 (BY SRI. H.K. KENCHE GOWDA, AGA FOR R1 SMT. SUMANGALA GURUDEV GACHNIMATH, ADVOCATE FOR R2-R6, R7-NAGALAKSHMI & R8-SHIVA KUMAR, SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICELS 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE COMMPLAINTS DATED 03/12/2015, 14/12/2015, 13/01/2016, 11/01/2021, 10/10/2022, 11/08/2023 AND 12/09/2023 WHICH ARE AT ANNEXURES-D, E, F, G, H, J AND K RESPECTIVELY MADE BY THE PETITIONER AND DIRECT THE RESPONDENTS TO INSPECT THE PLACE, REMOVE/DEMOLISH THE UNAUTHORIZED ILLEGAL CONSTRUCTION BUILT ACROSS THE PUBLIC ROAD BY THE OPPOSITE PROPERTY OWNERS I.E., RESPONDENTS NO.7 AND 8 HEREIN. 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 This caption petition is filed alleging inaction on the part of BBMP officials who have failed to consider petitioner's complaint dated 03.12.2015, 14.12.2015, 13.01.2016, 11.01.2021, 10.10.2022, 11.08.2023 and 12.09.2023. 2. Heard learned counsel for petitioner, learned counsel appearing for BBMP and learned HCGP appearing for Respondent No.1. - 4 - HC-KAR NC: 2025:KHC:24658 WP No. 19722 of 2024 3. Perused the records. Petitioner is the owner of site bearing No.305, situated at Narasipura Layout, 5th Main, 2nd Cross, Vidyaranyapura post, Bengaluru. The petitioner has constructed a residential house and is residing in the said property. The petitioner's primary grievance against the private respondents is that respondent No.8 is parking his car in the middle of the road in front of petitioner's house. Later he has constructed a compound wall, virtually obstructing petitioner's access to his residential house. Despite requesting respondent No.7 and 8, since they failed to undo the damage done, the complaint is lodged with the BBMP officials, requesting to take appropriate action against private respondents, against the illegal construction of a compound wall. 4. The petitioner has also alleged that respondent Nos.7 and 8, have further put up illegal construction virtually blocking petitioner's access. The respondent Nos.7 and 8 are served and unrepresented. - 5 - HC-KAR NC: 2025:KHC:24658 WP No. 19722 of 2024 5. Learned counsel appearing for BBMP officers would point out that they seek necessary instructions and make submission on the next date of hearing. 6. This court is not inclined to grant any further adjournments. Once a complaint is lodged with the statutory authorities namely BBMP, the concerned officials under whose jurisdiction, the disputed properties are located, are under bounded duty to carry out spot inspection and pass appropriate orders, after notifying all interested parties. Though this complaint dates back to 2015 and the last complaint being on 12.09.2023, the case on hand clearly reflects lackness on the part of BBMP officers in not addressing the grievances of the petitioner. Petitioner who is alleging that on account of illegal construction, is denied access through the existing road, which is now alleged to have been blocked by the private respondents, the officials of BBMP are obligated under the provisions of Karnataka Municipal Corporations (KMC) Act and now Bruhat Bengaluru Mahanagara Palike (BBMP) Act to take cognizance of the complaint and hold enquiry. Since there is inaction on the part of BBMP officials, this is a fit case, where mandamus lies. - 6 - HC-KAR NC: 2025:KHC:24658 WP No. 19722 of 2024 7. For the foregoing reasons, this court passes the following order. ORDER (i) This writ petition is allowed. (ii) Respondent No.6 is hereby directed to consider the complaints lodged by petitioners as per Annexure "K" and after notifying private respondent Nos.7 and 8 hold an enquiry and pass appropriate orders in accordance with law. (iii) This exercise shall be accomplished within a period of 3 months from the date of receipt of order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE AKV List No.: 1 Sl No.: 4