- 1 - HC-KAR NC: 2025:KHC:24387 WP No. 14275 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.14275 OF 2025 (LB-BMP) BETWEEN: 1. SRI.T R NARAYANASWAMY S/O LATE S RAMAIAH AGED ABOUT 72 YEARS 2. SMT. K LALITHAMMA W/O SRI T.R.NARAYANASWAMY AGED ABOUT 68 YEARS 3. SRI.N.SRINIVAS S/O SRI T.R.NARAYANASWAMY AGED ABOUT 46 YEARS ALL ARE RESIDING AT NO.169, NEAR BBMP OFFICE THANISANDRA SHIVARAMAKARANTHNAGAR POST BENGALURU-560077 …PETITIONERS (BY SRI. MUNIRAJU K.,ADVOCATE) AND: 1. THE CHIEF COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE N R CIRCLE BENGALURU-560 002 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24387 WP No. 14275 of 2025 2. THE JOINT COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE YELAHANKA ZONE AMRUTHAHALLI MAIN ROAD AMRUTHAHALLI BYATARAYANAPURA BENGALURU-560092 3. THE ASSISTANT EXECUTIVE ENGINEER BBMP, BYATARAYANAPURA SUB-DIVISION DASARAHALLI BENGALURU-560024 4. SRI.MUNENDRA K S/O SRI.KRISHNAPPA AGED ABOUT 51 YEARS RESIDING AT NO.24/7 'NIHAL NILAYA' 1ST MAIN ROAD GORAGUNTEPALYA BENGALURU-560022 5. SRI.D.DILIP KUMAR REDDY S/O SRI.SURENDRA REDDY AGED ABOUT 44 YEARS RESIDING AT NO.27-1-1264 PUTTA STREET, BALAJI NAGAR NELLORE ANDRA PRADESH-524002 …RESPONDENTS (BY SRI. BATHE GOWDA K.V, ADVOCATE FOR R.1 TO R.3; SMT.SANGEETA SANGANNAVAR, ADVOCATE FOR R.4 AND R.5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING - 3 - HC-KAR NC: 2025:KHC:24387 WP No. 14275 of 2025 THE RESPONDENT NOS.1 TO 3 TO TAKE SUITABLE IMMEDIATE LEGAL ACTION (INCLUDING THE ORDER OF DEMOLITION) AGAINST THE UNAUTHORISED CONSTRUCTION OF THE RESPONDENT NOS.4 AND 5, CONSTRUCTING OVER THE SCHEDULE PROPERTY BY CONSIDERING THE ANNEXURE-D TO G TO THE WRIT PETITION 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 The captioned writ petition is filed seeking directions at the hands of this Court against the alleged unauthorized construction undertaken by the private respondent Nos.4 and 5 alleging that there is complete inaction on the part of respondent Nos.1 to 3 despite the complaint. 2. On the previous date of hearing, the learned counsel appearing for private respondent Nos.4 and 5 sought time to produce the relevant documents, including the building license and the sanctioned building plan. In - 4 - HC-KAR NC: 2025:KHC:24387 WP No. 14275 of 2025 compliance with the said submission, the learned counsel has now placed on record the building license issued by the Assistant Director of Town Planning in favour of respondent Nos.4 and 5, along with the sanctioned building plan. Additionally, photographs have been filed to demonstrate that the required setbacks have been maintained in the construction undertaken by respondent Nos.4 and 5. The learned counsel has also produced a copy of the Khata Certificate issued in favour of respondent No.4. 3. Upon a perusal of the material placed on record, this Court is of the considered view that the primary basis for instituting the present writ petition, namely, the alleged unauthorized construction by respondent Nos.4 and 5 in the absence of a building license and sanctioned plan no longer survives. The production of the sanctioned building plan, license and supporting photographs clearly establishes that the respondent Nos.4 and 5 have adhered to the requisite procedural norms. Consequently, the writ - 5 - HC-KAR NC: 2025:KHC:24387 WP No. 14275 of 2025 petition appears to be premised on an apprehension rather than on substantive grounds. 4. Nonetheless, it is made clear that, in the event any deviation or violation of the sanctioned plan is found at the time of issuance of the occupancy certificate, the concerned authorities shall be bound to act strictly in accordance with the mandate prescribed under Rule 5.6.1(a) of the BBMP Building Bye-Laws, 2003. With these above observations, the writ petition stands disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 15