- 1 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.20501 OF 2024 (LB-RES) C/W WRIT PETITION NO.9666 OF 2025 (LB-BMP) IN WP No.20501/2024 BETWEEN: 1. SRI K G VISHWANATH S/O SRI K.L. GANAPATHI SA AGED ABOUT 70 YEARS, RESIDING AT NO.203/5, 9TH 'D' MAIN, PIPELINE, VIJAYANAGAR BENGALURU-560 040. &PETITIONER (BY SRI. C SHANKAR REDDY, ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE KITTOOR RANI CHENNAMMA CIRCLE, NEAR HUDSON CIRCLE, BENGALURU-560 002 REPTD. BY ITS COMMISSIONER. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 2. THE ASSISTANT EXECUTIVE ENGINEER, VIJAYANAGAR SUB DIVISION, M.L.A. BHAVANA [OFFICE BUILDING] 2ND FLOOR, 3RD MAIN ROAD, VIJAYANAGAR, BENGALURU-560 040. 3. SMT. PARVATHI S, W/O. LATE S. GOPAL, AGED ABOUT 74 YEARS, RESIDING AT NO.204, 9TH 'B' MAIN ROAD, 2ND CROSS, VIJAYANAGARA, BENGALURU-560 040. &RESPONDENTS (BY SMT. SAMIDHA PRADEEP WAINGANKAR, ADVOCATE FOR R.1 TO R.2; SRI. L. PANDURANGASWAMY, SENIOR ADVOCATE FOR SRI NATARAJ BABA K., ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18.04.2024 MADE IN REV. APPEAL NO.201/2021 (CH-1) ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL AT BENGALURU, THE ANNEXURE-N TO THE WRIT PETITION AND ALLOW THE SAID APPEAL BY GRANTING THE RELIEFS SOUGHT FOR THEREIN, ETC. IN WP NO. 9666/2025 BETWEEN: 1. SRI K G VISHWANATH S/O SRI K.L. GANAPATHI SA AGED ABOUT 70 YEARS, - 3 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 RESIDING AT NO.203/5, 9TH 'D' MAIN, PIPELINE, VIJAYANAGAR BENGALURU-560 040. ...PETITIONER (BY SRI. C SHANKAR REDDY, ADVOCATE) AND: 1. THE BRUHAT BENGALURU MAHANAGARA PALIKE KITTOOR RANI CHENNAMMA CIRCLE, NEAR HUDSON CIRCLE, BENGALURU-560 002 REPTD. BY ITS COMMISSIONER. 2. THE ASSISTANT EXECUTIVE ENGINEER, VIJAYANAGAR SUB DIVISION, M.L.A. BHAVANA [OFFICE BUILDING] 2ND FLOOR, 3RD MAIN ROAD, VIJAYANAGAR, BENGALURU-560 040. 3. ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHAT BENGALURU MAHANAGARA PALIKE NO.203, 2ND FLOOR, BBMP BUILDING R.V. ROAD, SOUTH END CIRCLE JAYANAGAR 2ND BLOCK, BENGALURU-11. &RESPONDENTS (BY SMT. SAMIDHA PRADEEP WAINGANKAR, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTE SHEET REPORT/ORDER OF REJECTION OF THE APPLICATION DATED 22.01.2025 MADE BY THE PETITIONER VIDE PROJECT NO.PRJ/11237/24-25, LP NO.BBMP/SUT/TVP/ADTP/0444/24-25 IN RESPECT OF PROPERTY NO.205/5, 9TH B MAIN ROAD, PIPELINE, VIJAYANAGAR, BENGALURU PASSED BY THE RESPONDENT NO.3 i.e., ADDITIONAL DIRECTOR TOWN PLANNING (SOUTH), BBMP, PRODUCED AND MARKED AS ANNEXURE-N, ETC. THESE PETITIONS, COMING ON FOR ORDERS, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. W.P.No.20501/2024 is filed by the petitioner with the following prayers:- " [a] Call for the records in Rev. Appeal no.201/2021 [CH- 1] on the file of the Karnataka Appellate Tribunal at Bengaluru, issue notices to the respondents, hear the parties to the above writ petition. [b] Issue a writ of certiorari or orders of like nature quashing the order dated 18.04.2024 made in Rev. Appeal no.201/2021 [CH-1] on the file of the Karnataka Appellate Tribunal at Bengaluru, the ANNEXURE 'N' to the writ petition and allow the said appeal by granting the reliefs sought for therein. [c] Issue a writ of certiorari or orders of like nature quashing the order dated 18.04.2022 made on IA No. II, passed in Rev. Appeal no.201/2021 [CH-1] on the file of the Karnataka Appellate Tribunal at Bengaluru, the - 5 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 ANNEXURE 'M' to the writ petition and dismiss the said application filed as per IA No. 11. [d] Grant such other order or relief as this honorable court deems fit to grant in the facts and circumstance involved in the case." 2. W.P.No.9666/2025 is filed by the same petitioner with the following prayers:- [a] Issue writ of certiorari or an appropriate writ of like nature quashing the Note Sheet Report / order of rejection of the application dated 22.01.2025 made by the petitioner vide Project No.: PRJ/11237/24-25, LP No. BBMP/SUT/TVP/ADTP/0444/24-25 in respect of Property no.205/5, 9th B Main Road, Pipeline, Vijayanagar, Bengaluru passed by the respondent no.3 le., Additional Director Town Planning [South], BBMP, produced and marked as ANNEXURE 'N'. [b] Issue writ of mandamus or directions of like nature, directing the respondent no.3 to reconsider the application dated 11.01.2025 made by the petitioner as per ANNEXURE 'L', in terms of the provisions of the B.B.M.P Act, 2020 without being influenced by the deviation notices/confirmation order issued by the 2nd respondent invoking the provisions of the B.B.M.P Act, 2020 and by following the principles of natural justice. (c) Grant such other order or relief as this honorable court deems fit to grant in the facts and circumstances involved in the case." 3. Action has been initiated by the BBMP at the behest of a private respondent against the building constructed by the petitioner on the ground that the petitioner has put up construction illegally in violation of sanction plan and the building bye-laws. The Karnataka Appellate Tribunal, in the - 6 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 impugned order, has upheld the contention of the BBMP and has passed an order against the petitioner. The petitioner is aggrieved by the same. In the meanwhile, the petitioner has made an application to the BBMP for regularization of the unauthorized construction. The same has been dismissed by respondent No.3, (vide Annexure-'N' in W.P.No.9666/2025), by assailing the following reasons:- SL. No. Officer's Name, Designation and Date Recommendation / Approval Note 1 EoDB AE JE TP south zone 9: TP/AE/JE 22/01/2025 Site inspected building already built with deviation notice issued under KMC act 1976 321(1) date 16-3-21 so plan proposed cannot consider hence rejected 2 EoDB ADTP South 6 :Assistant Director Town Planning (ADTP) 22/01/2025 As per the inspection and report of Ae Building as been already built with deviation where already BBMP as taken action according to KMC act. Hence Proposal cannot be Considered. - 7 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 4. The fact that the petitioner has made an application for regularization of unauthorized construction shows that the petitioner has put up illegal construction on the property concerned. However, the BBMP was required to examine whether the said construction or any portion of the same, could have been regularized or not and thereafter, pass an order. However, it is seen that the impugned order is passed against the petitioner only on the ground that as the building is already built with deviations, the request of the petitioner cannot be rejected. 5. Hence, I am of the opinion that interest of justice would be met by upholding the impugned order passed by the Karnataka Appellate Tribunal, set aside the impugned order passed by the BBMP rejecting the application for regularization filed by the petitioner and direct the BBMP to consider the request of the petitioner in accordance with law and pass an order afresh, after hearing the petitioner as well as respondent No.3 in W.P.No.20501/2024. Hence, the following:- ORDER i. W.P.No.20501/2024 is hereby dismissed. - 8 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 ii. In W.P.No.9666/2025, the impugned order dated 22.01.2025 passed by respondent No.3 vide Annexure-'N' to the writ petition is hereby set aside. iii. Petitioner and respondent No.3 in W.P.No.20501/2024 shall appear before the jurisdictional Zonal Commissioner, BBMP on 30.09.2025 at 11.00 a.m. iv. The jurisdictional Zonal Commissioner shall hear both the petitioner and respondent No.3 in W.P.No.20501/2024 and to dispose of the request of the petitioner for regularization of unauthorized construction within a period of eight weeks thereafter, after conducting the necessary spot inspection, if required. v. It is hereby made clear that no opinion is expressed on the merits of the case insofar as it relates to the alleged deviation made by the petitioner and it is for the jurisdictional Zonal Commissioner to take an appropriate decision in accordance with law. - 9 - HC-KAR NC: 2025:KHC:36839 WP No. 20501 of 2024 C/W WP No. 9666 of 2025 vi. Till a decision is taken by the Zonal Commissioner, no precipitative action will be taken against the petitioner. vii. Accordingly, W.P.No.9666/2025 is disposed of. viii. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 29