Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 55841 (KAR)

SRI.SATISH KUMAR v. THE COMMISSIONER/

WP/27523/2025 · 2025-09-16

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36960 WP No. 27523 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. 27523 OF 2025 (LB-BMP) BETWEEN: SRI.SATISH KUMAR S/O. RAMJILAL GUPTA, AGED ABOUT 62 YEARS, R/AT NO. 45, 1ST FLOOR, SANTHRUPTHINAGAR, JP NAGAR, 7TH PHASE, BENGALURU 560 078. …PETITIONER (BY SRI. ANAND R.B., ADVOCATE) AND: 1. THE COMMISSIONER / NOW THE CHIEF COMMISSIONER, BBMP, N.R. SQUARE, BENGALURU 560 002. 2. THE ASST., EXECUTIVE ENGINEER, BBMP, SAHARAKA KARYA PALIKA ABIYANTHAKARAVA KACHERI ANJANAPURA UPA VIBHAGA 2ND MAIN CROSS, 6TH CROSS, RBI LAYOUT, JP NAGAR, 7TH PHASE, BENGALURU-560078. 3. THE ADV. VISHWANATH GUPTA C.R, S/O. C. S. RAJAGOPALA SETTY, AGED ABOUT 69 YEARS, R/AT NO. 739, 6TH MAIN, SANTHRUPTHINAGAR, JP NAGAR 7TH PHASE, BENGALURU-560078. …RESPONDENTS (BY SRI. PAWAN KUMAR, ADVOCATE FOR R1 AND R2; Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36960 WP No. 27523 of 2025 SRI. VISHWANATH GUPTA, PARTY IN PERSON AS R3;) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO WRIT, ORDER, OR DIRECTION QUASHING THE IMPUGNED NOTICE BEARING NO. SUM/ A/AUM.U/V/C.O/01/2016-17 DATED 10/08/2016 AT ANNEXURE- A., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THROUGH VIDEO CONFERENCING / PHYSICAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER The petitioner has challenged the proceedings initiated by respondent Nos.1 and 2 at the behest of respondent No.3 against the illegal construction alleged to have been put up by the petitioner. In the course of the arguments, the petitioner has candidly admitted that illegal construction had indeed been put up on the property constructed. However, he submits that even respondent No.3 is also guilty of putting up illegal construction and respondent Nos.1 and 2 have not initiated any proceedings against respondent No.3 and Authorities have been partial in initiating the proceedings only against the petitioner herein. - 3 - HC-KAR NC: 2025:KHC:36960 WP No. 27523 of 2025 2. I do not see any error in the proceedings initiated by respondent Nos.1 and 2 against the petitioner or the order passed by the Karnataka Administrative Tribunal in Appeal No.755/2016. 3. For the aforementioned reasons, the Writ Petition is hereby dismissed. 4. However, it is needless to state that, if respondent No.3 has also put up illegal construction, respondent Nos.1 and 2 are bound to proceed against respondent No.3 in the manner known to law. The petitioner is also given the liberty to pursue the case against respondent No.3 in accordance with law. SD/- (M.I.ARUN) JUDGE CH List No.: 1 Sl No.: 11