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2025 DAILYLAW 56321 (KAR)

SHEKAR v. THE COMMISSIONER BBMP

WP/11110/2025 · 2025-08-19

M I Arun

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:32135 WP No. 11110 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 11110 OF 2025 (LB-BMP) BETWEEN: 1. SHEKAR S/O KRISHNA REDDY AGED ABOUT 63 YEARS NO.21, DODDAKATAPPA ROAD ULSOOR, WARD NO.9 BENGALURU-560 008. …PETITIONER (BY SRI. RANGANATH REDDY R., ADVOCATE) AND: 1. THE COMMISSIONER BBMP BBMP OFFICE BUILDING N.R.SQUARE, BANGALORE-560 002. 2. ZONAL COMMISSIONER BBMP EAST, PUBLIC UTILITY BUILDING M.G.ROAD, BANGALORE-560 001. 3. ADDITIONAL TOWN PLANNING AUTHORITY BBMP, M.G.ROAD, BANGALORE-560 001. BY ADDITIONAL DIRECTOR. 4. EXECUTIVE ENGINEER BBMP, ULSOOR ROAD BANGALORE-560 008. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32135 WP No. 11110 of 2025 5. ASSISTANT EXECUTIVE ENGINEER BBMP ULSOOR ROAD BENGALURU-560 008. 6. SHRI. V. N. JAYDEEP S/O V. NARAYAN @ NEHRU AGE -51, R/AT NO.22, DODDAKATTAPPA ROAD ULSOOR WARD NO.9 BANGALORE - 560 008. (AMENDED VIDE COURT ORDER DATED 28.04.2025) …RESPONDENTS (BY SRI. MALLIKARJUN REDDY K.S., ADVOCATE FOR R1 TO R5; SMT. PREETHA M., ADVOCATE FOR R6 [ABSENT]) THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT RESPONDENT NO.2 AT ANNEXURE-E TO TAKE ACTION UPON THE REPRESENTATION MADE BY THE PETITIONER DATED 24/01/2025 AS PER THE PROVISIONS OF BBMP ACT 2020 CONSEQUENTLY TO DIRECTED TO REMOVE THE ILLEGAL CONSTRUCTION MADE AT PROPERTY NO.20 (PID NO. 81-45- 20) DODDAKATTAPPA ROAD, ULSOOR, WARD NO.90, BANGALORE AND ETC. THIS PETITION 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 - 3 - HC-KAR NC: 2025:KHC:32135 WP No. 11110 of 2025 ORAL ORDER The case of the petitioner is that he is the owner of the writ petition schedule 'A' property and respondent no.6 is the owner of schedule 'B' property. It is submitted that respondent no.6 has put up illegal construction on his property without obtaining the necessary sanction plan. Hence, the petitioner made a request to respondent nos.1 to 5-BBMP to initiate appropriate action against respondent no.6. However, as no action has been initiated, the present writ petition is filed with the following prayers: i) Issue Writ in the nature of Mandamus directing the Respondent no.2 at ANNEXURE-E to take action upon the representation made by the petitioner dated 24/01/2025 as per the provisions of BBMP Act 2020. Consequently to directed to remove the illegal construction made at property No.20 (PID No 81-45- 20) Doddakattappa Road, Ulsoor, Ward No.90, Bangalore in the Interest of Justice and Equity. ii) Issue Writ in nature of Mandamus directing the Respondent No.5 at ANNEXURE-C to take action upon the representation made by the Petitioner dated 23/12/2024 as per the provision of BBMP Act 2020. Consequently to remove the illegal construction made at property No. 20(PIC No 81-45-20) Doddakattappa - 4 - HC-KAR NC: 2025:KHC:32135 WP No. 11110 of 2025 Road, Ulsoor, Ward No.90, Bangalore in the Interest of Justice and Equity. iii) Issue such other orders as this Hon'ble court deems fit to grant in the facts and circumstances of the case including an order as to the costs of the present writ petition." 2. Learned counsel for respondent no.6 has remained absent. 3. The counsel for respondent no.1 to 5 BBMP has filed the inspection report along with a memo which is dated 19.08.2025 and submits that respondent no.6 has put up construction in violation of the sanction plan and there are deviations. He further submits that BBMP will be initiating appropriate action in the manner known to law and only after hearing respondent no.6 and all such other concerned persons and only thereafter appropriate action will be taken. His submission is place on record. 4. Hence, the following: ORDER (i) Respondent nos.1 to 5 are directed to initiate appropriate action in accordance with law, in - 5 - HC-KAR NC: 2025:KHC:32135 WP No. 11110 of 2025 respect of the construction made on the writ petition schedule 'B' property and after hearing the concerned persons, a decision shall be taken as expeditiously as possible. (ii) The writ petition is disposed of accordingly. Sd/- (M.I.ARUN) JUDGE PGG List No.: 1 Sl No.: 43