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2025 DAILYLAW 55673 (KAR)

RAMESH V v. BRUHATH BENGALURU MAHANAGARA PALIKE

WP/17813/2025 · 2025-07-15

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:26230 WP No. 17813 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17813 OF 2025 (LB-BMP) BETWEEN: RAMESH V AGED 62 YEARS, S/O VENKATA KRISHNA RAO G, R/AT NO. 171, VENKATADRI, 13TH CROSS, 3RD PHASE, GIRINAGAR, BSK 3RD STAGE, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. …PETITIONER (BY SRI. K.V. NARASIMHAN, ADVOCATE) AND: 1. BRUHATH BENGALURU MAHANAGARA PALIKE, REPRESENTED BY ITS COMMISSIONER, NR SQUARE, BANGALORE - 560 001. 2. THE ZONAL COMMISSIONER (SOUTH ZONE), BRUHATH BENGALURU MAHANAGARA PALIKE, NO. 08, 9TH CROSS ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU - 560 011. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26230 WP No. 17813 of 2025 3. THE ASSISTANT DIRECTOR OF TOWN PLANNING (SOUTH) BRUHATH BENGALURU MAHANAGARA PALIKE, NO. 08, 9TH CROSS ROAD, 2ND BLOCK, JAYANAGAR, BENGALURU- 560 011. 4. THE ASSISTANT EXECUTIVE ENGINEER, BRUHATH BENGALURU MAHANAGARA PALIKE, WARD NO. 158, DEEPANJALI NAGAR, BENGALURU - 560 026. 5. PURNAPRAMATHI FOUNDATION, A REGISTERED TRUST UNDER TRUST ACT, REPRESENTED BY ITS MANAGING TRUSTEE, NO.177 AND 178, 3RD PHASE, GIRINAGARA, BANASHANKARI 3RD STAGE, BENGALURU - 560 085. 6. SRI. RAGHAVENDRA S.R. MAJOR, AUTHORISED REPRESENTATIVE OF PURNAPRAMATHI FOUNDATION 14TH CROSS, HOSAKEREHALLI MAIN ROAD, GIRINAGAR, BENGALURU - 560 085 PHONE NO: +91 7259040610 EMAIL ID: raghavendra.sr@purnapramati.in 7. SRI. ABHISHEK KASHYAP MAJOR, AUTHORISED REPRESENTATIVE OF PURNAPRAMATHI FOUNDATION 14TH CROSS, HOSAKEREHALLI MAIN ROAD, GIRINAGAR, - 3 - HC-KAR NC: 2025:KHC:26230 WP No. 17813 of 2025 BENGALURU - 560 085 PHONE NO. +91 9880491323, EMAIL ID: abhishek.k@purnapramati.in …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO 4 TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AT ANNX-D, E, AND F DATED 26.05.2025 AND TO TAKE NECESSARY ACTION AGAINST THE ILLEGAL BUILDING, WITHIN A TIME FRAME 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 writ petition filed by the petitioner seeking a writ of mandamus against respondents 2 to 4 for consideration of the representation concerning alleged illegal construction by the private respondents is rendered infructuous in light of the subsequent developments. It is - 4 - HC-KAR NC: 2025:KHC:26230 WP No. 17813 of 2025 brought to the notice of this Court that the competent authority has already passed a confirmation order under Section 248(3) of the Bruhat Bengaluru Mahanagara Palike Act, 2020, confirming the provisional order issued in respect of the said construction. In view of the same, the relief sought in the present writ petition no longer survives for consideration. 2. It is, however, made clear that respondent No.2, having passed the confirmation order under Section 248(3) of the BBMP Act, 2020, is under an obligation to implement the said order expeditiously, subject to the condition that the private respondents have not obtained any interim protection from the competent appellate authority. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SD List No.: 1 Sl No.: 14 CT: BHK